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ORDINANCES AND RESOLUTIONS
OF THE

Mayor and City Council

OF BALTIMORE

PASSED AT THE ANNUAL SESSION 1983-1984

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ORDINANCES

PASSED AT THE ANNUAL SESSION
1983-1984

No. 1
(Council No. 17)
AN ORDINANCE concerning

INDUSTRIAL DEVELOPMENT REVENUE BONDS -
(THE WILLIAM H. WHITING COMPANY PROJECT)

FOR the purpose of authorizing and empowering Mayor and City Council of
Baltimore to issue and sell, at any time or from time to time and in one or more
series, as limited obligations of the City and not upon its full faith and credit,
its industrial development revenue bonds, in the aggregate principal amount
not to exceed $750,000, pursuant to the provisions of Sub-section (50) of Arti-
cle II of the Charter of Baltimore City (1964 Revision), as amended, for the
purpose of financing the acquisition and remodeling of a certain 43,050 square
foot warehouse and office building, together with approximately 2.078 acres
of land, all known as 6701 Moravia Park Drive, located in Baltimore City,
Maryland, by The William H. Whiting Company, a Maryland corporation, or
by any subsidiary, affiliate or related person of The William H. Whiting Com-
pany (which subsidiary, affiliate or related person may be a natural person or
organized as a corporation, partnership, joint venture or other entity) (the
"Borrower"), for use by the Borrower in the business of The William H,
Whiting Company distributing marine hardware and accessories, and by any
lessees to whom the Borrower may choose to lease portions of the building, in
their respective businesses; authorizing the Mayor of the City, on behalf of the
City, to accept the letter of intent dated November 10, 1983 from the Bor-
rower to the City; making certain legislative findings; authorizing and em-
powering the Board of Finance of the City, by a resolution or resolutions
adopted prior to the issuance, sale and delivery of any series of such bonds, to
(a) prescribe, among other things but not limited to, the form, terms, provi-
sions, manner or method of issuing and selling (including negotiated as well as
competitive bid sale), and the time or times of issuance, and any and all other
details of such bonds, and (b) do any and all things necessary, proper or expe-
dient in connection with the issuance and sale of such bonds; providing that the
principal amount of such revenue bonds and the interest thereon (a) shall be
payable solely from the revenues to be received in connection with the financ-
ing of such facilities and from any other money made available to the City for
such purpose as provided in this Ordinance and (b) shall never constitute an in-
debtedness or a charge against the full faith and credit or taxing powers of the
City within the meaning of any constitutional or charter provision or statutory
limitation and shall never constitute or give rise to any pecuniary liability of
the City; providing that such bonds (or bond anticipation notes issued in an-
ticipation of the issuance of such bonds) must be issued and sold within six
months from the date this Ordinance is approved by the Mayor, unless the

4 ORDINANCES Ord. No. 1

Hoard of P^inance approves one six month extension as provided in this
Ordinance; authorizing the issuance of notes in anticipation of the issuance of
such revenue bonds; and generally providing for and determining various mat-
ters and details in connection with the issuance and sale of such bonds and
bond anticipation notes.

RECITALS

Sub-section (50) of Article II of the Charter of Baltimore City (1964 Revision),
as amended (the "Enabling Law"), empowers Mayor and City Council of
Baltimore (the "City") to borrow money to finance undertakings for the ac-
complishment of any of the purposes, objects and powers of the City and in con-
nection therewith to issue bonds, notes, or other obligations (including refunding
bonds, notes or other obligations), all of which shall be fully negotiable, payable,
as to both principal and interest, solely from and secured solely by a pledge of (I)
the revenues from or arising in connection with the property, facilities,
developments and improvements whose financing is undertaken by the issuance
of such bonds, notes or other obligations, (II) the revenues from or arising in con-
nection with any contracts, mortgages or other securities purchased or otherwise
acquired with the proceeds of such bonds, notes or other obligations, (III) the con-
tracts, mortgages or other securities purchased or otherwise acquired with the
proceeds of such bonds, notes or other obligations, or (IV) any combination of (I),
(II) or (III). The purposes, objects and powers of the City contemplated by the
Enabling Law including the relief of conditions of unemployment in Baltimore
City, encouraging the increase of industry and a balanced economy in Baltimore
City, promoting economic development in Baltimore City, and promoting the
health, welfare and safety of the residents of Baltimore City.

The City has received a letter of intent dated November 10, 1983 (the "Letter
of Intent") from The William H. Whiting Company, a Maryland corporation, on
behalf of itself or any subsidiary, affiliate or related person of The William H.
Whiting Company (the "Borrower"), pursuant to which the Borrower has re-
quested the City to participate in the financing of the costs of the acquisition and
renovation by the Borrower of a certain project in Baltimore City, Maryland (the
"Project"), by issuing and selling the City's industrial development revenue bonds
in the aggregate principal amount not to exceed $750,000 (the "Bonds"), and by
making the proceeds of the Bonds available to the Borrower to be used by the
Borrower for the sole and exclusive purpose of financing the costs of acquisition
of the Project by the Borrower.

The Project, which is an "undertaking" which will accomplish the purposes,
objects and powers of the City as mentioned in the Enabling Law, will consist
generally of (a) the acquisition of a 2.0786 tract of real property known as 6701
Moravia Park Drive, located in Baltimore City, together with a warehouse and
office building containing 43,050 square feet located on such real property, (b)
the renovation of such warehouse and office building to provide more efficient
use of space for warehousing, clerical and administrative activities, and (c) the
acquisition of machinery and equipment necessary or useful for the operation of a
warehtjuse/distribution business. Upon completion, the Project will be owned by
the Borrower; approximately 30,000 square feet of the warehouse and office
buildmg will be used by or leased to The William II. Whiting Company; approx-
imately 10,050 square feet of the warehouse and office building will be leased by
the Borrower to a new tenant, all for use as warehouse/distribution centers.

ORDINANCES 5

The Enabling Law provides that the City may authorize and empower the
Board of Finance of the City (the "Board") by resolution to determine and set
forth the form, terms, provisions, manner or method of issuing and selling (in-
cluding negotiated as well as competitive bid sale), and the time or times of is-
suance, and any and all other details of the Bonds and the issuance and sale
thereof, and to do any and all things necessary, proper or expedient in connection
with the issuance and sale of the Bonds.

NOW THEREFORE. IN ACCORDANCE WITH THE ENABLING LAW:

Section I.Beit ordained try Mayor and City Council of Baltimore, That acting
pursuant to the Enabling Law, it is hereby found and determined as follows:

(1) The issuance and sale of the Bonds by the City pursuant to the Enabling
Law in order to make the proceeds thereof available to the Borrower for the sole
and exclusive purpose of financing the costs of acquisition of the Project will
facilitate and expedite the acquisition of the Project by the Borrower.

(2) The acquisition of the Project by the Borrower and the financing of the
costs of such acquisition as provided in this Ordinance will serve to promote the
general purposes contemplated by the Enabling Law by (a) sustaining jobs and
employment in Baltimore City; (b) promoting economic development in
Baltimore City; and (c) encouraging the retention and increase of industry and a
balanced economy in Baltimore City.

(3) Any and all of the Bonds shall not be general obligations of the City and
shall not be a pledge of or involve the faith and credit or the taxing power of the
City, and shall not constitute a debt of the City, all within the meaning of Section
7 of Article XI of the Constitution of Maryland or within the meaning of any
other constitutional, statutory or charter provision limiting or restricting the
sale or issuance of bonds, notes or other obligations of the City. All of the Bonds
shall be limited obligations of the City, and shall be fully negotiable, payable, as
to both principal and interest, solely from and secured solely by a pledge of (I) the
revenues from or arising in connection with the Project, (II) the revenues from or
arising in connection with any contracts, mortgages or other securities pur-
chased or otherwise acquired with the proceeds of the Bonds, (III) the contracts,
mortgages or other securities purchased or otherwise acquired with the proceeds
of the Bonds, or (IV) any combination of (I), (II), or (III), all as the Board may ap-
prove by a resolution or resolutions adopted prior to the issuance, sale and
delivery of any of the Bonds.

Sec. 2. And be it further ordained, That the City is hereby authorized and em-
powered to issue and sell, at any time or from time to time and in one or more
series, as limited obligations of the City and not upon its full faith and credit, its
industrial development revenue bonds, in the aggregate principal amount not to
exceed $750,000, subject to the provisions of this Ordinance. The proceeds of the
Bonds will be made available to the Borrower under terms and conditions ap-
proved by the Board and set forth in a Resolution, and used by the Borrower for
the sole and exclusive purpose of financing the costs of the completion of the
Project.

8 ORDINANCES Ord. No. 1

(d) do any and all things necessary, proper or expedient in connection with the
issuance, sale and delivery of such bond anticipation notes.

In accordance with the Bond Anticipation Note Enabling Legislation, the City
hereby covenants to pay any bond anticipation notes issued pursuant to this Sec-
tion of this Ordinance and the interest thereon from the proceeds of the Bonds in
anticipation of the sale of which such notes are issued, and the City hereby fur-
ther covenants to issue such Bonds, as the case may be, when, and as soon as, the
reason for deferring the issuance of the Bonds no longer exists. The timely is-
suance of such Bonds, however, is dependent upon matters not within the control
of the City, including (without limitation) the existence of a purchaser or pur-
chasers for such Bonds at the time the reason for deferring the issuance of the
Bonds no longer exists and the effectiveness of various actions taken by the Bor-
rower, or the Borrower's agents, officers or employees as the case may be.

Sec. 9. And be it further ordained, That the provisions of this Ordinance are
severable, and if any provision, sentence, clause, section or part hereof is held il-
legal, invalid or unconstitutional or inapplicable to any person or circumstances,
such illegality, invalidity or unconstitutionality, or inapplicability shall not affect
or impair any of the remaining provisions, sentences, clauses, sections, or parts
of this Ordinance or their application to other persons or circumstances. It is
hereby declared to be the legislative intent that this Ordinance would have been
passed if such illegal, invalid or unconstitutional provision, sentence, clause, sec-
tion or part had not been included herein, and if the person or circumstances to
which this Ordinance or any part hereof are inapplicable had been specifically
exempted herefrom.

Sec. 10. And be it further ordained, That either the Bonds or bond anticipation
notes issued pursuant to Section 8 of this Ordinance in anticipation of the is-
suance of the Bonds must be issued and sold within six months from the date on
which this Ordinance is approved by the Mayor of the City; provided, however,
that the Board, after a showing of good cause at a public hearing held before the
Board prior to or after the expiration of such six month period, may extend the
period during which either the Bonds or such bond anticipation notes may be
issued and sold for one additional term not to exceed six months from the date on
which the first six month period expired. The Board, in its sole discretion, and
without action by the City Council, shall determine the sufficiency, or lack
thereof, of the reasons presented for any requested extension of the six month
period. If an extension is granted, notice of such extension and the reasons
therefor must be sent to the City Council. To the extent that neither the Bonds
nor such bond anticipation notes are issued and sold within twelve months from
the date on which this Ordinance is approved by the Mayor of the City, the
authority provided in this Ordinance for the City to issue and sell the Bonds and
such bond anticipation notes shall expire.

Sec. ll.Andbe it further ordained, That this Ordinance shall take effect from
the date of its passage.

Approved February 17, 1984

WILLIAM DONALD SCHAEFER, Mayor.

ORDINANCES 9

No. 2
(Council No. 19)

AN ORDINANCE concerning

PARKING -RESERVED
CURLEY STREET

FOR the purpose of providing for reserved parking on Curley Street near Fleet
Street for Constance H. D'Amico displaying a perniit.

Section I.Beit ordained by the Mayor and City Council of Baltimore, That on
the east side of Curley Street, from a point 118' north of Fleet Street to point
139' north of Fleet Street, parking is reserved for Constance H. D'Amico display-
ing a permit.

Sec. 2. And be it further ordained, That this ordinance shall take effect from
the date of its passage.

Approved February 17, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 3
(Council No. 21)
AN ORDINANCE concerning

PARKING -RESERVED
MONROE STREET

FOR the purpose of providing for reserved parking on Monroe Street near
McHenry Street for Chester E. Akers, Sr. displaying a permit.

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That on
the east side of Monroe Street, from a point 34' south of McHenry Street to point
56' south of McHenry Street, parking is reserved for Chester E. Akers, Sr.
displaying a f)enTut.

Sec. 2. And be it further ordained, That this ordinance shall take effect from
the date of its passage.

Approved February 17, 1984

WILLIAM DONALD SCHAEFER. M,iyor.

10 ORDINANCES Ord. No. 5

No. 4
(Council No. 22)

AN ORDINANCE concerning

PARKING-RESERVED
SPRING STREET

FOR the purpose of providing for reserved parking on Spring Street near BiddJe
Street for Armstead B. Jones displaying a permit.

Section \. Beit ordained by the Mayor and City Council of Baltimore, That on
the west side of Spring Street, from a point 17' north of Biddle Street to point 39'
north of Biddle Street, parking is reserved for Armstead B. Jones displaying a
permit.

Sec. 2. And be it further ordained, That this ordinance shall take effect from
the date of its passage.

Approved February 17, 1984

WILLIAM DONALD SCHAEFER. Mayor.

No. 5
(Council No. 23)
AN ORDINANCE concerning

PARKING-RESERVED
LYNDALE STREET

FOR the purpose of providing for reserved parking on Lyndale Avenue near the
alley west of Chesterfield Avenue for Edward Kastner displaying a permit.

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That on
the north side of Lyndale Avenue, from a point 157' west of the alley west of
Chesterfield Avenue to a point 179' west of the alley west of Chesterfield
Avenue, parking is reserved for Edward Kastner displaying a permit.

Sec. 2. And be it further ordained, That this ordinance shall take effect from
the date of its passage.

Approved February 17, 1984

WILLIAM DONALD SCHAEFER, Mayor.

ORDINANCES 11

No. 6
(Council No. 43)

AN ORDINANCE concerning

INDUSTRIAL DEVELOPMENT REVENUE BONDS -
(L U I -LAMINATES UNLIMITED, INC. PROJECT)

FOR the purpose of authorizing and empowering Mayor and City Council of
Baltimore to issue and sell, at any time or from time to time and in one or more
series, as limited obligations of the City and not upon its full faith and credit,
its industrial development revenue bonds, in the aggregate principal amount
not to exceed $700,000, pursuant to the provisions of Sub-section (50) of Arti-
cle II of the Charter of Baltimore City (1964 Revision), as amended, for the
sole and exclusive purpose of financing the costs of the completion by
L U I -Laminates Unlimited, Inc., a Maryland corporation, of a certain proj-
ect in Baltimore City consisting of the acquisition of certain computers and
furniture manufacturing machinery and equipment, including, but not limited
to, saws, tables, drills, and conveyors, and the installation thereof in a new
building to be constructed on a tract of land located at 5400 East Lombard
Street adjacent to Bayview Industrial Park in Baltimore City to be owned by
L U I - Laminates Unlimited, Inc. for use in connection with the manufacture
of furniture; authorizing the Mayor of the City, on behalf of the City, to accept
the letter of intent dated December 1, 1983 from L U I -Laminates Unlimited,
Inc. to the City; making certain legislative findings; authorizing and empower-
ing the Board of Finance of the City, by a resolution or resolutions adopted
prior to the issuance, sale and delivery of any series of such bonds, to (a)
prescribe, among other things but not limited to, the form, terms, provisions,
manner or method of issuing and selling (including negotiated as well as com-
petitive bid sale), and the time or times of issuance, and any and all other
details of such bonds, and (b) do any and all things necessary, proper or expedi-
ent in connection with the issuance and sale of such bonds; providing that
L U I -Laminates Unlimited, Inc. shall agree to submit any plans and
specifications to, and to coordinate with, the Department of Housing and Com-
munity Development in connection with the completion of such project; pro-
viding that such bonds (or bond anticipation notes issued in anticipation of the
issuance of such bonds) must be issued and sold within six months from the '
date this Ordinance is approved by the Mayor, unless the Board of Finance ap-
proves one six month extension as provided in this Ordinance; authorizing the
issuance of notes in anticipation of the issuance of such revenue bonds; artd
generally providing for and determining various matters and details in connec-
tion with the issuance and sale of such bonds and bond anticipation notes.

RECITALS

12 ORDINANCES Ord. No. 6

bonds, notes or other obligations), all of which shall be fully negotiable, payable,
as to both principal and interest, solely from and secured solely by a pledge of (I)
the revenues from or arising in connection with the property, facilities,
developments and improvements whose financing is undertaken by the issuance
of such bonds, notes or other obligations, (II) the revenues from or arising in con-
nection with any contracts, mortgages or other securities purchased or otherwise
acquired with the proceeds of such bonds, notes or other obligations, (III) the con-
tracts, mortgages or other securities purchased or otherwise acquired with the
proceeds of such bonds, notes or other obligations, or (IV) any combination of (I),
(II) or (III). The purposes, objects and powers of the City contemplated by the
Enabling Law include the relief of conditions of unemployment in Baltimore
City, encouraging the increase of industry and a balanced economy in Baltimore
City, promoting economic development in Baltimore City, and promoting the
health, welfare and seifety of the residents of Baltimore City.

The City has received a letter of intent dated December 1, 1983 (the "Letter of
Intent") from L U I -Laminates Unlimited, Inc., a Maryland corporation (the
"Borrower"), pursuant to which the Borrower has requested the City to par-
ticipate in the financing of the costs of the completion by the Borrower of a cer-
tain project in Baltimore City, Maryland (the "Project"), by issuing and selling
the City's industrial development revenue bonds in the aggregate principal
amount not to exceed $700,000 (the "Bonds"), and by making the proceeds of the
Bonds available to the Borrower to be used by the Borrower for the sole and ex-
clusive purpose of financing the costs of the completion of the Project by the
Borrower,

The Baltimore City Council adopted a Resolution on December 12, 1983 (the
"Resolution") and therein stated the present intention of the Baltimore City
Council to participate in the financing of the acquisition of the Project. The
Resolution provided that upon the execution and delivery of the Letter of Intent
by the Mayor of the City, the Resolution would indicate the present intent of the
City to provide assistance in such financing in an amount not to exceed $700,000,
by authorizing the issuance, sale and delivery of its Bonds pursuant to the En-
abling Law and by lending the proceeds thereof to the Applicant for the purpose
of financing the acquisition of the Project, directly or by reimbursement, and
paying the necessary expenses of preparing, printing and selling the Bonds, and
any other costs permitted by the Enabling Law, all in accordance with the En-
abling Law. On December 14, 1983, the Mayor of the City accepted, executed
and delivered the Letter of Intent.

The Project, which is an "undertaking" which will accomplish the purposes, ob-
jects and powers of the City as mentioned in the Enabling Law, will consist
generally of the purchase of certain computers and furniture manufacturing
machinery and equipment, including but not limited to, saws, tables, drills, and
conveyors, and the installation thereof in a new building to be constructed on a
tract of land located at 5400 East Lombard Street adjacent to Bayview In-
dustrial Park in Baltimore City. Upon completion, the Project will be owned by
the Borrower for use in connection with the manufacture of furniture.

The Enabling Law provides that the City may authorize and empower the
Board of Finance of the City (the "Board") by resolution to determine and set

ORDINANCES 13

forth the form, terms, provisions, manner or method of issuing and selling (in-
cluding negotiated as well as competitive bid sale), and the time or times of is-
suance, and any and all other details of the Bonds and the issuance and sale
thereof, and to do any and all things necessary, proper or expedient in connection
with the issuance and sale of the Bonds.

NOW THEREFORE, IN ACCORDANCE WITH THE ENABLING LAW:

Section I.Beit ordained by Mayor and City Council of Baltimore, That acting
pursuant to the Enabling Law, it is hereby found and determined as follows:

(1) The Resolution as adopted by the Baltimore City Council is confirmed and
the intent of the City to assist in the financing of the Project as evidenced by the
Resolution and by the execution and delivery of the Letter of Intent by the
Mayor of the City is confirmed.

(2) The issuance and sale of the Bonds by the City pursuant to the Enabling
Law in order to make the proceeds thereof available to the Borrower for the sole
and exclusive purpose of financing the costs of completion of the Project will
facilitate and expedite the completion of the Project by the Borrower.

(4) Any and all of the Bonds shall not be general ooligations of the City and
shall not be a pledge of or involve the faith and credit or the taxing power of the
City, and shall not constitute a debt of the City, all within the meaning of Section
7 of Article XI of the Constitution of Maryland or within the meaning of any
other constitutional, statutory or charter provision limiting or restricting the
sale or issuance of bonds, notes or other obligations of the City. All of the Bonds
shall be linuted obligations of the City, and shall be fully negotiable, payable, as
to both principal and interest, solely from and seciu-ed solely by a pledge of (I) the
revenues from or arising in connection with the Project, (II) the revenues from or
arising in connection with any contracts, mortgages or other securities pur-
chased or otherwise acquired with the proceeds of the Bonds, (III) the contracts,
mortgages or other securities purchased or otherwise acquired with the proceeds
of the Bonds, or (IV) any combination of (I), (II) or (III), all as the Board may ap-
prove by a resolution or resolutions adopted prior to the issuance, sale and
delivery of any of the Bonds.

Sec. 2. And be it further ordained, That the City is hereby authorized and em-
powered to issue and sell, at any time or from time to time and in one or more
series, as limited obligations of the City and not upon its full faith and credit, its
industrial development revenue bonds, in the aggregate principal amount not to
exceed $700,000, subject to the provisions of this Ordinance. The proceeds of the
Bonds will be made available to the Borrower under terms and conditions ap-

14 ORDINANCES Ord. No. 6

proved by the Board and set forth in a Resolution, and used by the Borrower for the
sole and exclusive purpose of financing the costs of the completion of the Project.

Sec. 4. And be it further ordained, That, as perniitted by the Enabling Law,
the board is hereby authorized and empowered, by a resolution or resolutions
adopted prior to the issuance, sale and delivery of any of the Bonds, to:

(a) prescribe, among other things but not limited to, the form, terms, provi-
sions, manner or method of issuing and selling (including negotiated as well as
competitive bid sale), and the time or times of issuance, and any and all other
details of the Bonds and the issuance and sale thereof;

(b) approve (i) the pledge or assignment by the City of any of the security
described in Section 5 of this Ordinance, pursuant to a trust agreement or similar
agreement, (ii) the form of any such trust agreement or similar agreement, as
provided in the Enabling Law, and (iii) such provisions in any such trust agree-
ment or similar agreement as the Board may deem reasonable and proper for the
security of the holders of the Bonds;

(c) approve the terms and conditions, including but not limited to the terms and
conditions of any documents to be executed and delivered by the City (other than
customary financing statements and closing certificates), under which the pro-
ceeds of the Bonds will be made available to the Borrower to finance the costs of
the completion of the Project; and

(d) do any and all things necessary, proper or expedient in connection with the
issuance, sale and delivery of the Bonds.

Sec. 5. And be it further ordained, That any and all of the Bonds shall not be
general obligations of the City and shall not be a pledge of or involve the faith
and credit or the taxing power of the City, and shall not constitute a debt of the
City, all within the meaning of Section 7 of Article XI of the Constitution of
Maryland or any other constitutional, statutory or charter provision limiting or
restricting the sale or issuance of bonds, notes or other obligations of the City.
All of the Bonds shall be limited obligations of the City, and shall be fully
negotiable, payable, as to both principal and interest, solely from and secured
solely by a pledge of (I) the revenues from or arising in connection with the Proj-
ect, (II) the revenues from or arising in connection with any contracts, mortgages
or other securities purchased or otherwise acquired with the proceeds of the
Bonds, (III) the contracts, mortgages or other securities purchased or otherwise
acquired with the proceeds of the Bonds, or (IV) any combination of (I), (II) or
(III), all as the Board may approve by a resolution or resolutions adopted prior to
the issuance, sale and delivery of any of the Bonds.

ORDINANCES 15

Sec. 6. And be it further ordained, That the Borrower shall agree that:

(a) it will submit any plans and specifications for the Project to the Department
of Housing and Community Development for approval, and that the Department
of Housing and Community Development may refuse approval of any plans and
specifications for aesthetic or functional reasons; and

(b) if applicable, it and its developers will work with the design advisory group
appointed by the Department of Housing and Community Development in order
to achieve high quality site, building, and landscape design.

Sec. 1. And be it further ordained, That any and all of the Bonds shall be ex-
ecuted in the name of the City and on its behalf by the Mayor of the City, by his
manual or facsimile signature, and by the Director of Finance of the City, by his
manual or facsimile signature, and the corporate seal of the City or a facsimile
thereof shall be impressed or otherwise reproduced thereon and attested by the
Custodian of the City Seal, by his manual signature. Any trust agreement or
other documents as the Board shall deem necessary to effectuate the issuance,
sale and delivery of the Bonds shall be executed in the name of the City and on its
behalf by the Mayor of the City by his manual or facsimile signature, and the cor-
porate seal of the City or a facsimile thereof shall be impressed or otherwise
reproduced thereon and attested by the Custodian of the City Seal by his manual
signature. In case any officer whose signature or a facsimile of whose signature
shall appear on the Bonds or any of the aforesaid documents shall cease to be
such officer before the delivery of the Bonds or any of the other aforesaid
documents, such signature or such facsimile shall nevertheless be valid and suffi-
cient for all purposes, the same as if such officer had remained in office until
delivery. The Mayor of the City, the Director of Finance of the City, the Custo-
dian of the City Seal and other officials of the City are hereby authorized and em-
powered to do all such acts and things and execute such documents and cer-
tificates as the Board may determine by resolution to be necessary to carry out
and comply with the provisions hereof.

Sec. 8. And be it further ordained, That any and all necessary financing
statements required for the consummation of the transactions authorized by this
Ordinance may be executed on behalf of the City by the Mayor of the City or by
the Chief, Bureau of Treasury Management of the City or by such other ap-
propriate official of the City as may be designated by the Mayor of the City to ex-
ecute such financing statements.

Sec. 9. And be it further ordained. That the authority to issue the Bonds is in-
tended and shall be deemed to include the authority to issue bond anticipation
notes pursuant to Section 12 of Article 31 of the Annotated Code of Maryland
(1983 Replacement Volume), as amended (the "Bond Anticipation Note Enabling
Legislation"). Reference in this Ordinance to the "Bonds" shall include such bond
anticipation notes where appropriate. Prior to the issuance, sale and delivery of
any series of bond anticipation notes, the Board shall adopt a resolution or resolu-
tions, to:

(a) prescribe, among other things but not limited to, the form, terms, provi-
sions, manner or method of issuing and selling (including negotiated as well as

16 ORDINANCES Ord. No. 6

competitive bid sale), and the time or times of issuance, and any and all other
details of such bond anticipation notes and the issuance and sale thereof;

(c) approve the terms and conditions, including but not limited to the terms and
conditions of any documents to be executed and delivered by the City (other than
customary financing statements and closing certificates), under which the pro-
ceeds of such bond anticipation notes will be made available to the Borrower to
finance the costs of the completion of the Project; and

(d) do any and all things necessary, proper or expedient in connection with the
issuance, sale and delivery of such bond anticipation notes.

In accordance with the Bond Anticipation Note Enabling Legislation, the City
hereby convenants to pay any bond anticipation notes issued pursuant to this
Section of this Ordinance and the interest thereon from the proceeds of the
Bonds in anticipation of the sale of which such notes are issued, and the City
hereby further covenants to issue such Bonds, as the case may be, when, and as
soon as, the reason for deferring the issuance of the Bonds no longer exists. The
timely issuance of such Bonds, however, is dependent upon matters not within
the control of the City, including (without limitation) the existence of a purchaser
or purchasers for such Bonds at the time the reason for deferring the issuance of
the Bonds no longer exists and the effectiveness of various actions taken by the
Borrower, its officers, agents and employees.

Sec. 10. And be it further ordained, That the provisions of this Ordinance are
severable, and if any provision, sentence, clause, section or part hereof is held il-
legal, invalid or unconstitutional or inapplicable to any person or circumstances,
such illegality, invalidity or unconstitutionality, or inapplicability shall not affect
or impair any of the remaining provisions, sentences, clauses, sections, or parts
of this Ordinance or their application to other persons or circumstances. It is
hereby declared to be the legislative intent that this Ordinance would have been
passed if such illegal, invalid or unconstitutional provision, sentence, clause, sec-
tion or part had not been included herein, and if the person or circumstances to
which this Ordinance or any part hereof are inapplicable had been specifically ex-
empted herefrom.

ORDINANCES 17

which the first six month period expired. The Board, in its sole discretion, and
without action by the City Council, shall determine the sufficiency, or lack
thereof, of the reasons presented for any requested extension of the six month
period. If an extension is granted, notice of such extension and the reasons
therefor must be sent to the City Council. To the extent that neither the Bonds
nor such bond anticipation notes are issued and sold within twelve months from
the date on which this Ordinance is approved by the Mayor of the City, the
authority provided in this Ordinance for the City to issue and sell the Bonds and
such bond anticipation notes shall expire.

Sec. 12. And be it further ordained, That this Ordinance shall take effect from
the date of its passage.

Approved February 17, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 7
(Council No. 63)

AN ORDINANCE concerning

PARKING -RESERVED
SPAULDING AVENUE

FOR the purpose of providing for reserved parking on the north side of Spauld-
ing Avenue near Queensberry Avenue for Ralph Wright displaying a permit.

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That on
the north side of Spaulding Avenue, from a ix)int 121' west of Queensberry
Avenue to a point 141' west of Queensberry Avenue, parking is reserved for
Ralph Wright displaying a permit.

Sec. 2. And be it further ordained. That this ordinance shall take effect from
the date of its passage.

Approved February 17, 1984

WILLIAM DONALD SCHAEFER. Mayor.

18 ORDINANCES Ord. No. 9

No. 8
(Council No. 24)

AN ORDINANCE concerning

IMPOUNDING AREA -REDWOOD STREET

FOR the purpose of designating the north side of Redwood Street, between
Charles Street and Light Street, as an impounding area.

BY adding

Article 31 -Transit and Traffic

Section 118(1)

Baltimore City Code (1983 Replacement Volume)

Section I. Be it ordained by the Mayor and City Council of Baltimore, That
Section(s) of the Baltimore City Code (1983 Replacement Volume) be added,
repealed, or amended to read as follows:

ARTICLE 31 -TRANSIT AND TRAFFIC

Impounding Areas
118. R. Streets.
(1) Redwood Street, north side, from Charles Street to Light Street.

Sec. 2. And he it further ordained, That this ordinance shall take effect thirty
days from the date of its passage.

Approved February 23, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 9
(Council No. 97)

AN ORDINANCE concerning

SUPPLEMENTARY APPROPRIATION -DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT

FOR the purpose of providing a supplementary special fund appropriation in the
amount of Seventeen Million Three Hundred Eighteen Thousand Seven Hun-
dred Dollars ($17,318,700) to the Department of Housing and Community
Development to be used for carrying out capital improvements included in the
Federal Community Development Block Grant Program for Baltimore City
(Year X).

ORDINANCES 19

BY authority of

Article VI -Board of Estimates

Section 2(hX2)

Baltimore City Charter (1964 Revision as amended)

Whereas, the entitlement application by Baltimore City for a Community
Development Block Grant from the U.S. Department of Housing and Urban
Development for the Grant Year X beginning January 1, 1984 proposes funding
of $12,073,300 for operating activities and $17,318,700 for capital im-
provements; and

Whereas, it is intended that the aforementioned $12,073,300 for operating ac-
tivities will be made available in the fiscal 1985 Ordinance of Estimates in
amounts to City Agencies as follows: $6,410,200 to the Department of Housing
and Community Development; $406,300 to the Department of Planning; and
$5,256,800 to the Urban Services Agency; and

Whereas, it is intended that the aforementioned $17,318,700 for capital im-
provements will be made available to the Department of Housing and Communi-
ty Development by supplementary appropriation ordinance; and

Whereas, the money appropriated herein represents a grant from a public
source which could not be expected with reasonable certainty at the time of for-
mulation of the fiscal 1984 Ordinance of Estimates; and

Whereas, the supplementary special fund appropriation ordained herein has
been recommended to the City Council by the Board of Estimates, the said
recommendation having been made at a regular meeting of said Board held on
the 18th day of January, 1984, all in accordance with Article VI, Section 2(hX2) of
the Baltimore City Charter (1964 Revision as amended).

Section 1. Be it further ordained by the Mayor and City Council of Baltimore,
That under the provisions of Article VI, Section 2(hX2) of the 1964 revision of the
Charter of Baltimore City, the sum of Seventeen Million Three Hundred Eight-
een Thousand Seven Hundred Dollars ($17,318,700) shall be made available to
the Department of Housing and Communit>' Development of the City of
Baltimore as a supplementary special fund appropriation for the fiscal year end-
ing June 30, 1984 for the purpose of carrying out capital improvements included
in the Federal Community Development Block Grant Program for Baltimore
City (Year X), provided that said improvements shall consist of the following
named projects:

Barclay $ 195,400

Coldstream-Homestead-Montebello 104,000

Coldspring 60,000

Communities to Impr Life 16,300

Druid Heights 251,500

East Baltimore Midway 24,800

Emergency Demolition 100,000

Fells Point 234,500

Franklin Square 21,300

Gay Street I 35,000

20 ORDINANCES Ord. No. 9

Govans $ 402,600

Greenmount West 433,000

Harlem Park II 556,300

Inner Harbor East 75,200

Inner Harbor I 85,000

Inner Harbor West 895,000

Johnston Square 128,500

Jonestown 358,200

Loft District 400,000

Market Center 2,059,700

Midtown Belvedere 105,000

Middle East 558,400

Mondawmin 51,300

Mount Clare 50,200

Municipal Center 202,500

Neighborhood Housing Services 150,000

Oldtown 44,600

Oliver 365,600

Park Heights 28,300

Patterson Park 132,000

Penn North 142,700

Poppleton 606,800

Pratt-Monroe 200,000

Relocation and Property Management 1 ,300,000

Reservoir Hill 187,300

Ridgely's Delight 525,000

Rosemont 43,400

Sandtown-Winchester 219,800

Sharp-Leadenhall 129,600

Upton 493,100

Washington Hill-Chapel 584.300

, Washington Village 73,900

Washington Coldspring Transit Station 4 1 ,600

Rehabilitation Aid 2,300,000

Economic Development (HCD) 1 ,450,000

Special Projects for Neighborhoods 397,000

Economic Development (Education) 500,000

The amount thu? made available as a supplementary special fund appropriation
shall be expended from a grant of funds to the Mayor and City Council of
Baltimore by the U.S. Department of Housing and Urban Development under
Title I of the Housing and Community Development Act of 1974 as amended;
said sum being specifically allotted to the Mayor and City Council for the
aforesaid purpose; and said funds from said U.S. Department of Housing and Ur-
ban Development shall be the source of revenue for this supplementary special
fund appropriation, as required by Article VI, Section 2 of the Baltimore City
Charter (1964 Revision as amended).

Sec. 2. And be it further ordained, That this ordinance shall take effect from
the date of its passage.

Approved February 23, 1984

WILLIAM DONALD SCHAEFER, Mayor.

ORDINANCES 21

No. 10
(Council No. 67)

AN ORDINANCE concerning

ELECTRICAL LICENSING

FOR the purpose of allowing a delay of 60 days in the renewal of certain elec-
trical licenses before requiring a reexamination of the applicant.

BY repealing and reordaining with amendments
Article 13 -Housing and Urban Renewal
Subtitle - Board of Electrical Examiners and Supervisors
Section 79(d)
Baltimore City Code (1983 Replacement Volume)

Section, 1. Be it ordained by the Mayor and City Council of Baltimore, That
section(s) of the Baltimore City Code (1983 Replacement Volume) be added,
repealed, or amended to read as follows:

ARTICLE 13 -HOUSING AND URBAN RENEWAL

Board of Electrical Examiners and Supervisors

79. Licenses.

(d) All licenses expire as of January 1 of each year, and are subject to a renewal
fee. Any person, firm or corporation who desires to renew a license after the ex-
piration date but prior to March 1 unll be subject to a payment of a deliquent
DELINQUENT fee of ^ $35. Any person, firm or corporation who fails to
renew a license by March 1 of any year shall be treated as a new applicant and
u/ill be subjected to the same exam as new applicants and be required to pay the
same fees. ANY PERSON, FIRM, OR CORPORATION WHICH RENEWS ITS
LICENSE BETWEEN JANUARY 1, 198J, AND MARCH 1, 1984 SHALL NOT
BE SUBJECT TO A RENEWAL FEE AND SHALL NOT BE REQUIRED TO
TAKE THE SAME EXAMINATION AS A NEW APPLICANT

Sec. 2. And be it further ordained, That this ordinance shall take effect
D e c e mb er 1, 19 6 3 MARCH 1, 1984.

Approved February 28, 1984

WILLIAM DONALD SCHAEFER, Mayor.

22 ORDINANCES Ord. No. 11

No. 11
(Council No. 2)
AN ORDINANCE concerning

ZONING -APPROVAL FOR CONDITIONAL USE
HOME FOR THE HOMELESS

FOR the purpose of granting permission for the estabUshment, maintenance and
operation of a home for homeless persons on the property known as 709-11
E. Eager Street, as outlined in red on the pkt^ AMENDED PLAT accom-
panying this ordinance.

By authority of
Article 30 -Zoning
Sections 6.3-ld and 11.0-6d
Baltimore City Code (1983 Replacement Volume)

Section I. Be it ordained by the Mayor and City Council of Baltimore, That
permission is hereby granted for the establishment, maintenance and operation
of a home for homeless persons on the property known as 709-11 E. Eager Street
as outlined in red on the pktta AMENDED PLATS accompanying this ordinance,
under the provisions of Sections 6.3-ld and 1 1 .0-6d of Article 30 of the Baltimore
City Code (1983 Replacement Volume) title "Zoning".

Sec. 2. And be it further ordained, That upon passage of this ordinance by the
City Council, as evidence of the authenticity of the AMENDED plat which is a
part hereof and in order to give notice to the departments which are administer-
ing the Zoning Ordinance, the President of the City Council shall sign the
AMENDED plat and when the Mayor approves the ordinance, he shall sign the
AMENDED plat. The Director of Finance shall then transmit a copy of the or-
dinance and one of the AMENDED plats to the follow^' ^: the Board of Municipal
and Zoning Appeals, the Planning Commission, the \. ..jnissioner of the Depart-
ment of Housing and Community Development and the Zoning Administrator.

Sec. 3. And be it further ordained, That this ordinance shall take effect from
the date of its passage.

Approved February 29, 1984

WILLIAM DONALD SCHAEFER. May„r.

ORDINANCES 23

No. 12
(Council No. 4)

AN ORDINANCE concerning

ZONING -UTILITY AND TRANSPORTATION
USES IN Ml DISTRICTS

FOR the purpose of adding to the list of permitted uses in the M-1 District cer-
tain public utility s e rvic e s and transportation uses.

BY adding to

Article 30 -Zoning

Chapter 7 -Industrial Districts

Section 7.1 -1-87A

Baltimore City Code (1976 Edition, as amended)

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That
Section(s) of the Baltimore City Code (1976 Edition, as amended) be added,
repealed, or amended, to read as follows:

ARTICLE 30 -ZONING

Chapter 7 -Industrial Districts
7.1 M-1 Industrial District.
7.1-1 Use regulations,
b. Permitted uses.
87A. Public utility se r vices and transportation uses, as follows:

(a) Bus and transit passenger stations and terminals

(b) Garages and lots for bus and transit vehicles

Sec. 2. And be it further ordained, That ordinance shall take effect thirty days
from the date of its passage.

Approved February 29, 1984

WILLIAM DONALD SCHAEFER, Mayor.

24 ORDINANCES Ord. No. 13

No. 13

(Council No. 15)

AN ORDINANCE concerning

CITY PROPERIT-SALE

FOR the purpose of authorizing the Mayor and City Council of Baltimore to sell
at either public or private sale all of the interest of the Mayor and City Council
of Baltimore in and to a certain parcel of land located at 3600 West Franklin
Street, Baltimore, Maryland, said parcel of land being no longer needed for
public use.

BY authority of

Article V- Comptroller

Section 5(b)

Baltimore City Charter (1964 Revision, as amended)

Section I. Be it ordained by the Mayor and City Council of Baltimore, That
the Comptroller of Baltimore City be and he is hereby authorized to sell at either
public or private sale in accordance with Article V, Section 5(b) of the City
Charter, all of the interest of the Mayor and City Council of Baltimore in and to
that parcel of land situate in Baltimore, Maryland, and described as follows:

3600 WEST FRANKLIN STREET

Beginning for the same on the North side of West Franklin Street, 60 feet
wide, and the East side of an alley, 15 feet wide, running thence and binding
on the East side of said alley North 2 degrees 21 minutes 15 seconds West
269.67 feet to the South side of another alley, 15 feet wide there situate,
thence binding on the South side of said alley North 87 degrees 21 minutes 45
seconds East 228.95 feet to the West side of Grantley Street, 66 feet wide,
thence across said Grantley Street North 87 degrees 21 minutes 45 seconds
East 66.00 feet to the East side of said Grantley Street, thence binding on the
East side of said Grantley Street North 2 degrees 21 minutes 15 seconds West
1 1.33 feet to the South side of an alley 12.67 feet wide, thence binding on the
South side of said alley North 87 degrees 21 minutes 45 seconds East 77.95
feet to the West side of another alley, 15 feet wide there situate, thence bind-
ing on the West side of said alley South 2 degrees 44 minutes 45 seconds East
281.00 feet to the North side of West Franklin Street, firstly herein referred
to, (the last 75 feet of this line the alley becomes 10 feet wide) thence binding
on the North side of said West Franklin Street South 87 degrees 21 minutes
45 seconds West 79.87 feet to intersect the northeast corner of West Franklin
and Grantley Streets, herein referred to, thence across said Grantley Street
South 87 degrees 21 minutes 45 seconds West 66.00 feet to the West of said
Grantley Street, thence across said West Franklin Street South 2 degrees 21
minutes 15 seconds East 60.00 feet to the South side of West Franklin Street,
thence binding on the South side of said West Franklin Street, now closed by
City ordinance, South 87 degrees 21 minutes 45 seconds West 228.95 feet,
thence across West Franklin Street North 2 degrees 21 minutes 15 seconds
West 60.00 feet to the place of beginning.

ORDINANCES 25

Containing 2.6504 acres of land more or less.

All courses and distances in the above description are referred to the true meri-
dian as adopted by the Baltimore Survey Control System.

Said property being no longer needed for public use.

Sec. 2. Be it further ordained, That no deed or deeds shall pass in accordance
herewith until the same shall have been first approved by the City Solicitor.

Sec. 3. And be it further ordained, That this ordinance shall take effect from
the date of its passage.

Approved March 9, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 14
(Council No. 25)

AN ORDINANCE concerning

CITY STREET -OPENING CERTAIN STREETS AND

ALLEYS OR PORTIONS THEREOF IN THE BROOKLYN BUSINESS

AREA URBAN RENEWAL PROJECT.

FOR the purpose of condemning and opening certain streets and alleys or
portions thereof lying within the area of the Brooklyn Business Area Urban
Renewal Project in accordance with a plat thereof numbered 343-A-12,
prepared by the Surveys and Records Division and filed in the Office of the
Department of Public Works, on the First (1st) day of November, 1983.

BY authority of

Article I -General Provisions

Section -4

Article II -General Provisions

Sections -2, 34, 35

Baltimore City Charter (1964 Revision, as amended).

Section \. Be it ordained by the Mayor and City Council of Baltimore, That
the Department of Public Works, be and they are hereby authorized and directed
to condemn and open certains streets and alleys or portions thereof lying within
the area of the Brooklyn Business Area Urban Renewal Project the streets
hereby directed to be condemned for said opening being described as follows:

26 ORDINANCES Ord. No. 14

Thelma Lane, 17 feet wide, and running thence binding on the northwest side
of said Thelma Lane, Southwesterly 11 feet, more or less, to intersect the
southwest side of said Marsden Court; thence binding on the southwest side of
said Marsden Court, Northwesterly 197 feet, more or less, to the northwest-
ernmost extrenuty of said Marsden Court; thence binding on the northwest-
ernmost extremity of said Marsden Court, Northeasterly 11 feet, more or less,
to the northeast side of said Marsden Court, and thence binding on the north-
east side of said Marsden Court, Southeasterly 198 feet, more or less, to the
place of beginning.

Beginning for Parcel No. 2 at the point formed by the intersection of the
southwest side of Pontiac Avenue, 1 1 feet wide and the southeast side of Potee
Street, 85 feet wide, and running thence binding on the southeast side of said
Potee Street, Northeasterly 1 1 feet, more or less, to intersect the northeast
side of said Pontiac Avenue; thence binding on the northeast side of said Pon-
tiac Avenue, Southeasterly 218 feet, more or less, to intersect the northwest
side of Thelma Lane, 17 feet wide; thence binding on the northwest side of said
Thelma Lane, Southwesterly 11 feet, more or less, to intersect the southwest
side of said Pontiac Avenue, and thence binding on the southwest side of said
Pontiac Avenue, Northwesterly 218 feet, more or less, to the place of begin-
ning.

the said streets as directed to be condemned being more particularly described
and referred to among the Land Records of Baltimore City and delineated and
particularly shown on a plat numbered 343-A-12 which was filed in the Office of
the Department of Public Works on the First (1st) day of the November, in the
year 1983 and is now on file in said Office.

Sec. 2. And be it further ordained, That the proceedings of said Department of
Public Works, with reference to the condemnation and opening of said streets
and the proceedings and rights of all parties interested or affected thereby, shall
be regulated by, and be in accordance with, any and all applicable provisions of
Article 4 of the Code of Public Local Laws of Maryland and the Charter of
Baltimore City (1964 Revision) as amended to July 1, 1973 and any and all
amendments thereto, and any and all other Acts of the General Assembly of
Maryland, and any and all ordinances of the Mayor and City Council of
Baltimore, and any and all rules or regulations in effect which have been adopted
by the Director of Public Works and filed with the Department of Legislative
Reference.

Sec. 3. And be it further cyrdained, That this Ordinance shall take effect from
the date of its passage.

Approved March 9, 1984

WILLIAM DONALD SCHAEFER, Mayur.

ORDINANCES 27

No. 15
(Council No. 26)

AN ORDINANCE concerning

CITY STREET-CLOSING CERTAIN STREETS AND

ALLEYS OR PORTIONS THEREOF IN THE BROOKLYN BUSINESS

AREA URBAN RENEWAL PROJECT.

FOR the purpose of condemning and closing certain streets and alleys or
portions thereof lying within the area of the Brooklyn Business Area Urban
Renewal Project in accordance with a plat thereof numbered 343-A-12A,
prepared by the Surveys and Records Division and filed in the Office of the
Department of Public Works, on the First (1st) day of November, 1983.

BY authority of

Article I -General Provisions

Section -4

Article II -General Provisions

Sections -2, 34, 35

Baltimore City Charter (1964 Revision, as amended).

Section \. Be it ordained by the Mayor and City Council of Baltimore, That
the Department of Public Works, be and they are hereby authorized and directed
to condemn and close certain streets and alleys or portions thereof lying within
the area of the Brooklyn Business Area Urban Renewal Project the streets
hereby directed to be condemned for said opening CLOSING being described as
follows:

Beginning for Parcel No. 1 at a point on the northeast side of Marsden
Court, as now laid out, distant 117 feet northwesterly measured along the
northeast side of said Marsden Court from the northwest side of Hanover
Street, 70 feet wide, said point of beginning being on the northwest side of
Thelma Lane, 17 feet wide, and running thence binding on the northwest side
of said Thelma Lane, Southwesterly 11 feet, more or less, to intersect the
southwest side of said Marsden Court; thence binding on the southwest side of
said Marsden Court, Northwesterly 197 feet, more or less, to the north-
westernmost extremity of said Marsden Court; thence binding on the north-
westernmost extremity of said Marsden Court, Northeasterly 1 1 feet, more or
less, to the northeast side of said Marsden Court, and thence binding on the
northeast side of said Marsden Court, Southeasterly 198 feet, more or less, to
the place of beginning.

28 ORDINANCES Ord. No. 15

Thelma Lane, Southwesterly 11 feet, more or less, to intersect the southwest
side of said Pontiac Avenue, and thence binding on the southwest side of said
Pontiac Avenue, Northwesterly 218 feet, more or less, to the place of begin-
ning.

the said streets as directed to be condemned being more particularly described
and referred to among the Land Records of Baltimore City and delineated and
particularly shown on a plat numbered 343- A- 12 A which was filed in the Office of
the Department of Public Works on the First (1st) day of the November, in the
year 1983 and is now on file in said Office.

Sec. 2. And be it further ordained, That after said highway or highways shall
have been closed under the provisions of this Ordinance, all subsurface struc-
tures and appurtenances now owned by the Mayor and City Council of Baltimore,
shall be and continue to be the property of the Mayor and City Council of
Baltimore, in fee simple, until the use thereof shall be abandoned by the Mayor
and City Council of Baltimore, and in the event that any person, firm or corpora-
tion shall desire to remove, alter or interfere therewith, such person, firm or cor-
poration shall first obtain permission and permits therefor from the Mayor and
City Council of Baltimore, and shall in the application for such permission and
permits agree to pay all costs and charges of every kind and nature made
necessary by such removal, alteration or interference.

Sec. 3. And be it further ordained, That no building BUILDINGS or structures
of any kind shall be constructed or erected in said portion of said highway or
highways after the same shall have been closed under the provisions of this Or-
dinance until the subsurface STRUCTURES and appurtenances now owned by
the Mayor and City Council of Baltimore, over which said buildings or structures
are proposed to be constructed or erected shall have been abandoned or shall
have been removed and relaid in accordance with the specifications and under
the direction of the Director of Public Works of Baltimore City, and at the ex-
pense of the person or persons or body corporate desiring to erect such building
BUILDINGS or structures. Railroad tracks shall be taken to be "structures"
within the meaning of this section.

Sec. 4. And be it further ordained, That after said highway or highways shall
have been closed under the provisions of this Ordinance, all subsurface struc-
tures and appurtenances owned by any person, firm or corporation, other than
the Mayor and City Council of Baltimore, shall upon notice from the Director of
Public Works of Baltimore City, be promptly removed by and at the expense of
the said owners.

Sec. 5. And be it further ordained, That on and after the closing of said
highway or highways, the said Mayor and City Council of Baltimore, acting
thorough its duly authorized representatives, shall, at all times, have access to
said property and to all subsurface structures and appurtenances used by it
therein, for the purposes of inspection, maintenance, repair, alteration, reloca-
tion and/or replacement, of any or all of said structures and appurtenances, and
this without permission from or compensation to the owner or owners of said
land.

ORDINANCES 29

Sec. 6. Aiui be it further ordained, That the proceedings of said Department of
Pubhc works with reference to the condemnation and closing of said streets and
the proceedings and rights of all parties interested or affected thereby, shall be
regulated by, and be in accordance with, any and all applicable provisions of Arti-
cle 4 of the Code of Public Local Laws of Maryland and the Charter of Baltimore
City (1964 Revision) as amended to July 1, 1973 and any and all amendments
thereto, and any and all other Acts of the General Assembly of Maryland, and
any and all ordinances of the Mayor and City Council of Baltimore, and any and
all rules or regulations in effect which have been adopted by the Director of
Public Works and filed with the Department of Legislative Reference.

Sec. 7. And be it further ordained, That this Ordinance shall take effect from
the date of its passage. '

Approved March 9, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 16
(Council No. 72)

AN ORDINANCE concerning

PENALTY INTEREST RATES

FOR the purpose of increasing the interest rate from one-half of one percent per
month to one percent per month or any fraction thereof, for the non-payment
of the fuel oil tax, hotel room tax and the parking lot tax.

BY repealing and reordaining with amendments
Article 28 -Taxes
Subtitle -Fuel Taxes
Section 24(f)
Baltimore City Code (1983 Replacement Volume)

Article 28 -Taxes

Subtitle -Hotel Room Tax

Section 39

Baltimore City Code (1983 Replacement Volume)

Article 28 -Taxes

Subtitle -Parking Tax

Section 73(f)

Baltimore City Code (1983 Replacement Volume)

Section \. Be it ordained by the Mayor and City Council of Baltimore, That
Section(s) of the Baltimore City Code (1983 Replacement Volume) be added,
repealed, or amended, to read as follows:

30 ORDINANCES Ord. No. 16

ARTICLE 28 -TAXES

Fuel Taxes

24. Collecting and remitting tax.

(0 Penalties. Whenever a taxpayer fails to file any return and/or pay the tax
imposed by Section 21 within the time limited therefor, the taxpayer shall be
assessed by the Director of Finance the amount of tax due, plus interest at the
rate of [one-half of one of per centum (1/2 of 1%) per month] one percent (1%) per
month or any fraction thereof, and a penalty of ten percentum (10%) of the tax
due.

Hotel Room Tax
39. Penalty provisions; interest.

Any person, firm, association or corporation refusing or failing to collect the
taxes imposed by this subtitle, or to make a proper return when due, or to pay the
taxes collected by him or it over to the Director of Finance when due shall be
liable for interest on the amount of tax due at the rate of [one-half of one percen-
tum (1/2 of 1%) per month or any fraction thereof,] one percent (1%) per month or
any fraction thereof, and shall also be liable to a penalty of ten percentum (10%)
of the amount of taxes found to be due by him or it, and said interest and penalty
shall be collected as a part of the tax itself.

Parking Tax
73. Provisions,

(f) Whenever an operator fails to collect and/or remit to the Director of Finance
the tax imposed by this subtitle within the time limited therefor, the operator
shall be assessed by the Director of Finance the amount of tax due, plus interest
at the rate of [one-half of one percentum (1/2 of 1%) per month,] ane percent (1%)
per month or any fraction thereof, and a penalty of ten percent (10%) of the tax
due.

Sec. 2. And be it further ordained, That this ordinance shall take effect sixty
(60) days from the date of its passage.

Approved March 9. 1984

WILLIAM DONALD SCHAEFER. Mayor.

ORDINANCES 31

No. 17
(Council No. 73)

AN ORDINANCE concerning

LICENSE FEES

FOR the purpose of increasing the interest on delinquent license fees.

BY repealing and reordaining with amendments
Article 15 -Licenses
Section 88(b)
Baltimore City Code (1983 Replacement Volume)

Section 1. Be it ordairied by the Mayor and City Council of Baltimore, That
Section(s) of the Baltimore City Code (1983 Replacement Volume) be added,
repealed, or amended, to read as follows:

ARTICLE 15-LICENSES

Penalties -Civil and Criminal

88. Civil and criminal penalties.

(b) Except as where otherwise provided in this Article, [Any] any person, firm,
corporation, or other legaJ entity who fails to pay any license or permit fee im-
posed by any provision of this Article 15, within 30 days from the time it becomes
due and payable, shall be liable for interest on the amount of such unpaid license
or permit fee at the rate of (two-thirds of one per centum (2/3 of 1%)] one percent
(1%) per month or any fraction thereof during the period of time such license or
permit fee remains unpaid, and shall also be liable for a penalty of ten percent
(10%) of such unpaid license or permit fee. Said interest and penalty shall be col-
lected as a part of the license or permit fee itself.

Sec. 2. And be it further ordained, That this Ordinance shall take effect
January 1, 1985.

Approved March 9, 1984

WILLIAM DONALD SCHAEFER, Mayor.

32 ORDINANCES Ord. No. 19

No. 18
(Council No. 99)

AN ORDINANCE concerning

REPEAL OF RESERVED PARKING ORDINANCE
BANK STREET

FOR the purpose of repealing Ordinance No. 825, which provided for reserved
parking on the south side of Bank Street for Sam Amoriello.

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That
Ordinance No. 825, approved November 12, 1982, be and the same is hereby
repealed and the reserved parking on Bank Street near Kane Street therein pro-
vided, is hereby rescinded.

Stc. 2. And be \t further (yrdaiiied, That this ordinance shall take effect upon
the date of its passage.

Approved March 9, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 19
(Council No. 1 15)

AN ORDINANCE concerning

INDUSTRIAL DEVELOPMENT REVENUE BONDS
CIRCULAR ADVERTISING COMPANY, INC. PROJECT

Vi)K the pur|)ose of authorizing and empowering Mayor and City Council of
Baltimore to issue, sell and deliver, at any time or from time to time, and in
one or more series, as limited obligations of the City and not upon its full faith
and credit, its industrial development revenue bonds, to be designated
"Baltimore City, Maryland Industrial Development Revenue Bonds (Circular
Advertising Company, Inc. Project)", in the aggregate principal amount not to
exceeii $6()(),()()0, pursuant to the provisions of Sub-section (5U) of Article II of
the Charter of Baltimore ('ity (1964 Revision), as amended, for the sole and ex-
clusive purpose of financing the costs, charges, fees and expenses in connec-
tion with (a) the accjuisition of a 1 .08 acre tract of land and a one story masonry
building of approximately 30,000 s(}uare feet located at 1500 South Monroe
Street in the City of Baltimore, and (1)) the renovation of the building and the
constniction of certain improvements, alterations and additions to the
l)uil(iing and the land on which the building is situated; authorizing the Mayor
of the City to accept, on behalf of the City, the letter of intent of Fetcho Prop-
erties to the City dated February 1, 1984; making certain legislative findings;

ORDINANCES 33

authorizing and empowering the Board of Finance of the City, prior to the is-
suance, sale and delivery of such bonds, to adopt a resolution pursuant to
which the Board of Finance shall (a) prescribe, among other things, but not
limited to, the form, terms, provisions, manner or method of issuing and sell-
ing, and the time or times of issuance, and any and all other details of such
bonds, and (b) do any and all things necessary, proper or expedient in connec-
tion with the issuance and sale of such bonds; authorizing the private
(negotiated) sale of such bonds; providing that Fetcho Properties shall agree
to submit any plans and specifications to, and to coordinate with, the Depart-
ment of Housing and Community Development in connection with any im-
provements to said buildings; provided that, except under certain cir-
cumstances, Circular Advertising Company, Inc., prior to the issuance and
sale of such bonds, shall have received the approval of the Mayor's Office of
Manpower Resources of a final plan covering the future hiring needs of Cir-
cular Advertising Company, Inc., and its utilization of the training and recruit-
ment services of said Office; providing that, except under certain cir-
cumstances, if such bonds are not issued and sold within six months after the
date on which this Ordinance is approved by the Mayor of the City, the
authorization provided in this Ordinance for the City to issue and sell such
bonds shall expire; and generally providing for and determining various mat-
ters and details in connection with the authorization, issuance, security, sale
and payment of such bonds.

RECITALS

Sub-section (50) of Article II of the Charter of Baltimore City (1964 Revision),
as amended (the "Enabling Law"), empowers Mayor and City Council of
Baltimore (the "City") to issue revenue bonds and to use the proceeds of the sale
of such revenue bonds to finance undertakings for the accomplishment of any of
the purposes, objects and powers of the City. Some of the general objectives of
the City contemplated by the Enabling Law include the relief of conditions of
unemployment in Baltimore City, encouraging the increase of industry and a
balanced economy in Baltimore City, promoting econonuc development in
Baltimore City, and promoting the health, welfare and safety of the residents of
Baltimore City.

The City has received a letter of intent dated February 1, 1984 (the "Letter of
Intent") from Fetcho Properties, a Maryland general partnership (the "Bor-
rower"), pursuant to which the Borrower has requested the City to participate in
the financing of the costs of, and the charges, fees and expenses incurred in con-
nection with, the Project (herein defined) by issuing and selling industrial
development revenue bonds of the City in the aggregate principal amount not to
exceed $600,000 (the "Bonds"), and by loaning the proceeds of the Bonds to the
Borrower, upon the terms and conditions of a loan agreement to be entered into
between the City and the Borrower (the "Loan Agreement"), as permitted by the
Enabling Law (such loan being herein referred to as the "Loan").

The acquisition, renovation and construction project (the "Project") to be
financed with the proceeds of the Bonds will consist of: (a) the acquisition of a
1.08 acre tract of land (the "Land") and a one story masonry building of approxi-

34 ORDINANCES Ord. No. 19

mately 30,000 square feet (the "Building"), located at 1500 South Monroe Street
in the City of Baltimore, and (b) the renovation of the Building and construction
of certain improvements, alterations and additions to the Building and the Land.
The Borrower will lease the Building and the Land to Circular Advertising Com-
pany, Inc. (the "Project User") under a lease agreement.

The Loan Agreement will require the Borrower (a) to use the proceeds of the
Bonds solely to finance the completion of the Project, and (b) to make Loan
payments which will be sufficient to enable the City to pay the principal, and in-
terest and premium, if any, on the Bonds when and as the same shall become due
and payable.

As security for the Bonds, the City will enter into a bond indenture (the "Bond
Indenture") with either (a) a corporate trustee (the "Trustee") to be appointed by
the Board of Finance of the City (the "Board") for the benefit of the holders of the
Bonds, or (b) the original purchaser of the Bonds (the "Original Purchaser") and a
trustee for the disbursement of the proceeds of the Bonds (which may be the
Original Purchaser) (the "Project Fund Trustee"). Pursuant to the Bond Inden-
ture the City shall pledge, assign, transfer and set over to the Trustee or the
Original Purchaser and the Project Fund Trustee, their respective successors
and assigns, and grant a security interest in (among other things) (a) all of the
City's right, title and interest in and to and remedies under the Loan Agreement,
including (without limitation) any and all security referred to therein, excepting
only the right of the City to indemnification by the Borrower and to payments to
the City for expenses incurred by the City itself, (b) the receipts and revenues of
the City from the Loan, (c) certain moneys that are at any time or from time to
time on deposit with the Trustee or the Project Fund Trustee, (d) all right, title
and interest in and to and remedies with respect to any and all other property of
every description and nature from time to time which by delivery or by writing of
any kind is conveyed, pledged, assigned or transferred, as and for additional
security for the Bonds, by the City or by anyone on its behalf or with its written
consent, to the Trustee or the Original Purchaser and the Project Fund Trustee,
their respective successors or assigns, and (e) all of the City's right, title and in-
terest in and to and remedies under such other documents, including (without
limitation) mortgages, deeds of trust, guaranties and security instruments, as
the Board shall deem necessary to effectuate the issuance, sale and delivery of
the Bonds and which the Board shall approve by a resolution or resolutions (the
"Resolution") to be adopted by the Board prior to the issuance, sale and delivery
of any of the Bonds. If the Board finds and determines, pursuant to the Resolu-
tion, that the appointment of a Trustee for the benefit of the holders of the Bonds
is not required in order to issue, sell, and deliver the Bonds and that the Project
will be completed on or before the date of delivery of the Bonds, the Board may
provide in the Resolution that the Project Fund Trustee is not necessary and that
the City will enter into the Bond Indenture with only the Original Purchaser.

The Bonds will be sold at a private (negotiated) sale.

NOW THEREFORE, IN ACCORDANCE WITH THE ENABLING LAW:

ORDINANCES 35

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That
acting pursuant to the Enabling Law, it is hereby found and determined as
follows:

(1) The issuance and sale of the Bonds by the City pursuant to the Enabling
Law in order to lend the proceeds thereof to the Borrower for the sole and ex-
clusive purpose of financing the costs of the Project will facilitate and expedite
the completion of the Project by the Borrower.

(2) The completion of the Project by the Borrower and the financing thereof as
provided in this Ordinance will serve to promote the general purposes con-
templated by the Enabling Law by (a) sustaining jobs and employment in
Baltimore City, (b) promoting economic development in Baltimore City, and (c)
encouraging the increase of industry and a balanced economy in Baltimore City.

(3) Neither the Bonds nor the interest thereon shall ever constitute a pledge of
or involve the faith and credit or the taxing power of the City, and neither shall
ever constitute a debt of the City within the meaning of Section 7 of Article XI of
the Constitution of Maryland or any other constitutional, statutory or charter
provision limiting or restricting the sale or issuance of bonds, notes or other
obligations of the City, and neither shall ever constitute or give rise to any
pecuniary liability of the City. The Bonds and the interest thereon shall be
linruted obligations of the City, repayable by the City solely from the revenue
derived from Loan repayments (both principal and interest) made to the City by
the Borrower on account of the Loan and from any other moneys made available
to the City for such purpose. The proceeds of the Bonds will be paid directly to
the Trustee or the Project Fund Trustee to be held and disbursed by the Trustee
or the Project Fund Trustee as provided in the Bond Indenture to be approved by
the Board in the Resolution, provided, however, that if the Board finds and
determines, pursuant to the Resolution, that the Project will be completed on or
before the date of delivery of the Bonds, the Board may provide in the Resolution
that the proceeds of the Bonds will be paid directly to the Borrower, or for the ac-
count of the Borrower, to be used by the Borrower to pay the costs of, or to reim-
burse the Borrower for the payment of the costs of, the completion of the Proj-
ect, as provided in the Bond Indenture to be approved by the Board in the
Resolution. Payments of the principal of and premium (if any) and interest on the
Loan will be paid by the Borrower directly to the Trustee or to the Original Pur-
chaser, its successors and assigns, as provided in the Bond Indenture to be ap-
proved by the Board in the Resolution. No such moneys will be commingled with
the funds of the City or will be subject to the absolute control of the City, but will
be subject only to such limited suf)ervision and checks as are deemed necessary
or desirable by the City to insure that the proceeds of the Bonds are used to ac-
complish the public purposes of the Enabling Law and this Ordinance. The loan
form of transaction authorized hereunder shall in no event constitute a capital
project within the meaning of any charter or statutory provision. The public pur-
poses expressed in the Enabling Law are to be achieved by facilitating the com-
pletion of the Project by the Borrower.

(4) The City will acquire no interest in the Project other than (a) any general in-
terest in the Borrower's property shared by all holders of the Borrower's obliga-

36 ORDINANCES Ord. No. 19

tions which rank and are secured equally with the Borrower's obligations pur-
suant to the Loan Agreement, (b) any lien and security interest created by the
Loan Agreement, and (c) any interest created by any other mortgage or deed of
trust or other security instrument executed and delivered by the Borrower or
any third party as security for the Loan or the Bonds as the Board may provide
for and approve in the Resolution. The security for the Bonds shall be solely and
exclusively (a) the absolute, irrevocable and unconditional obligations of the Bor-
rower to make the payments required by the Loan Agreement, (b) moneys real-
ized from the liquidation of any lien and security interest created by the Loan
Agreement and of any other lien or security interest created with respect to any
property as security for the Loan or the Bonds as the Board may provide for and
approve in the Resolution, and (c) moneys realized from any guaranty of the
Bonds or of the Loan as the Board may provide for and approve in the Resolu-
tion.

(5) The best interests of the City will be served by selling the Bonds at a private
(negotiated) sale, as authorized by the Enabling Law, upon terms and conditions
approved by the Board in the Resolution.

Sec. 2. Arid be it further ordained, That the City is hereby authorized and em-
powered to issue, sell and deliver, at any time.jor from time to time, and in one or
more series, and as limited obligations of the City and not upon its full faith and
credit, its industrial development revenue bonds in the aggregate principal
amount not to exceed $600,000, subject to the provisions of this Ordinance. The
proceeds of the Bonds will be loaned to the Borrower pursuant to the terms and
provisions of the Loan Agreement, to be used by the Borrower for the sole and
exclusive purpose of financing the costs, charges, fees, and expenses in connec-
tion with the completion of the Project. The Bonds and the interest thereon shall
be limited obligations of the City, repayable by the City solely from the revenue
derived from Loan repayments (both principal and interest) made to the City by
the Borrower pursuant to the Loan Agreement and from any other moneys made
available to the City for such purpose. The security for the Bonds shall be solely
and exclusively as provided in Section 1 of this Ordinance.

Sec. 3. And be it further ordained, That this Ordinance constitutes the commit-
ment of the City to issue the Bonds, and the Mayor of the City is hereby author-
ized to accept the Letter of Intent on behalf of the City in order to further
evidence the commitment of the City to issue the Bonds in accordance with the
terms and provisions of this Ordinance.

Sec. 4. And be it further ordained, That each of the Bonds shall bear the
descriptive title "Baltimore City, Maryland Industrial Development Revenue
Bonds (Circular Advertising Company, Inc. Project)", provided, that the descrip-
tive title may contain such other descriptive information as the Board may
prescribe in the Resolution (e.g., "1^84 Series"). The Bonds shall bear interest at
the rate or rates of interest to be determined by negotiation with the original
purchaser or purchasers of the Bonds and to be approved and prescribed by the
Board in the Resolution.

Sec. 5. And be it further ordained, That the definitive Bonds, which may be
engraved, printed or typewritten, including any Trustee's certificate of authen-

ORDINANCES 37

tication to be endorsed thereon, shall be in such form, not inconsistent with the
Enabhng Law and the provisions of this Ordinance, as the Board may approve in
the Resolution.

Sec. 6. And be it further ordained, That the Bonds shall be executed in the
name of the City and on its behalf by the Mayor of the City, by his manual or fac-
simile signature, and by the Director of Finance of the City, by his manual or fac-
simile signature, and the corporate seal of the City or a facsimile thereof shall be
impressed or otherwise reproduced thereon and attested by the Custodian of the
City Seal, by his manual signature. The Loan Agreement, the Bond Indenture
and, where applicable, all other documents as the Board shall deem necessary to
effectuate the issuance, sale and delivery of the Bonds, shall be executed in the
name of the City and on its behalf by the Mayor of the City by his manual or fac-
simile signature, and the corporate seal of the City or a facsimile thereof shall be
impressed or otherwise reproduced thereon and attested by the Custodian of the
City Seal by his manual signature. In case any officer whose signature or a fac-
simile of whose signature shall appear on the Bonds or any of the aforesaid docu-
ments shall cease to be such officer before the delivery of the Bonds or any of the
other aforesaid documents, such signature or such facsimile shall nevertheless be
valid and sufficient for all purposes, the same as if such officer had remained in
office until delivery. The Mayor of the City, the Director of Finance of the City,
the Custodian of the City Seal and other officials of the City are hereby author-
ized and empowered to do all such acts and things and execute such documents
and certificates as the Board may determine in the Resolution to be necessary to
carry out and comply with the provisions hereof.

Sec. 7. And be it further ordained, That the Bonds shall be executed, issued
and delivered at any time, or from time to time, in one or more series and in such
amount or amounts not exceeding, in the aggregate, the principal amount of
$600,000, as the Board shall prescribe in the Resolution.

Sec. 8. And be it further ordained, That the Bonds shall be dated, shall be in
such denominations, shall be of such form and tenor, and shall be payable in such
amounts, at such times, and at such place or places as the Board shall prescribe in
the Resolution.

Sec. 9. And be it further ordained, That the Bonds may be subject to redemp-
tion prior to their stated maturities upon such terms and conditions as the Board
shall prescribe in the Resolution.

Sec. 10. And be it further ordained, That prior to the issuance, sale and
delivery of the Bonds, the Board shall adopt the Resolution, pursuant to which
Board shall:

(a) prescribe the form, tenor, terms and conditions of and security for the
Bonds;

(b) prescribe the actual amounts, rate or rates of interest (or the methods of
determining the same), denominations, date, actual maturity or maturities, and
the place or places of payment of the Bonds, and the terms and conditions and
details under which the Bonds may be called for redemption prior to their stated
maturities;

38 ORDINANCES Ord. No. 19

(c) if required in order to issue, sell and deliver the Bonds, appoint a bank hav-
ing trust powers, or a trust company, as Trustee for the Bonds and, if necessary,
appoint a paying agent or agents for the Bonds, which may be the Trustee;

(d) approve the form and contents, and authorize the execution and delivery
(where applicable) of (i) the Loan Agreement, (ii) the Bond Indenture, and (iii)
such other documents, including (without limitation) mortgages, deeds of trust,
guaranties and security instruments as the Board shall deem necessary to ap-
prove in order to effectuate the issuance, sale and delivery of the Bonds;

(e) determine the time of execution, issuance, sale and delivery of the Bonds
and prescribe any and all other details of the Bonds;

(f) provide for the direct payment by the Borrower of all costs, fees and ex-
penses incurred by or on behalf of the City in connection with the issuance, sale
and delivery of the Bonds, including (without limitation) the costs of printing (if
any) and issuing the Bonds and the fees of and compensation to any person (other
than full time employees of the City) performing services by or on behalf of the
City in connection therewith;

(g) if a Trustee is appointed, provide for the issuance and sale (subject to the
passage of an appropriate ordinance authorizing the same as may be required at
the time) of one or more series of additional bonds and one or more series of
refunding bonds; and

(h) do any and all things, and authorize the officials of the City to do any and all
things, necessary, proper or expedient in connection with the issuance, sale and
delivery of the Bonds.

Sec. 11. And be it further ordained, That the Loan Agreement and the Bond
Indenture shall contain such terms, provisions and conditions not inconsistent
with the Enabling Law and the provisions of this Ordinance as the Board shall
approve in the Resolution.

Sec. 12. And be it further ordained, That as authorized by the Enabling Law,
the Bonds shall be sold at private (negotiated) sale upon such terms and condi-
tions as shall be approved by the Board in the Resolution.

Sec. 13. And be it further ordained, That neither the Bonds nor the interest
thereon shall ever constitute a pledge of or involve the faith and credit or the tax-
ing power of the City, and neither shall ever constitute a debt of the City within
the meaning of Section 7 of Article XI of the Constitution of Maryland or other
constitutional, statutory or charter provisions limiting or restricting the sale or
issuance of bonds, notes or other obligations of the City, and neither shall ever
constitute or give rise to any pecuniary liability of the City. The Bonds, and the
interest thereon, shall be limited obligations of the City, the principal of and in-
terest on which Bonds shall be payable by the City solely from the revenue de-
rived from Loan repayments (both principal and interest) made to the City by the
Borrower on account of the Loan and, to the extent provided by the Board in the
Resolution, from the proceeds of the Bonds, and from any other moneys made
available to the City for such purpos^. The proceeds of the Bonds will be paid
directly to the Trustee or the Project Fund Trustee to be held and disbursed by
the Trustee by the Project Fund Trustee as provided in the Bond Indenture to be

ORDINANCES 39

approved by the Board in the Resolution, provided, however, that if the Board
finds and determines, pursuant to the Resolution, that the appointment of a
Trustee for the benefit of the holders of the Bonds is not required in order to
issue, sell, and deliver the Bonds and that the Project will be completed on or
before the date of delivery of the Bonds, the Board may provide in the Resolution
that the proceeds of the Bonds will be paid directly to the Borrower, or for the ac-
count of the Borrower, to be used by the Borrower to pay the costs of, or to reim-
burse the Borrower for the payment of the costs of, the completion of the Proj-
ect, as provided in the Bond Indenture to be approved by the Board in the
Resolution. No such moneys will be commingled with the City's funds or will be
subject to the absolute control of the City, but will be subject only to such limited
supervision and checks as are deemed necessary or desirable by the City to in-
sure that the proceeds of the Bonds are used to accomplish the public purposes of
the Enabling Law and this Ordinance.

Sec. lA.Andbe it further ordained, That in consideration of the purchase and
acceptance of the Bonds by those who shall hold the Bonds from time to time, the
City does hereby, and by the execution and delivery of the Bond Indenture to be
approved by the Board the City shall, set aside and pledge the income and
revenue under the Loan Agreement (other than payments to the City for indem-
nification or to reimburse the City for expenses incurred by the City itself) to the
Trustee or the Original Purchaser, its successors and assigns, to be used and ap-
plied for the payment of the principal of and interest on the Bonds. Pursuant to
the terms of the Loan Agreement to be approved by the Board in the Resolution,
payments sufficient- for the prompt payment when due of the principal of,
premium, if any, and interest on the Bonds are to be paid by the Borrower to the
Trustee for the benefit of the holders of the Bonds, or to the Original Purchaser,
its successors and assigns, for the account of the City.

Sec. 15. And be it further ordained, That the Borrower shall agree that:

(a) It will submit any plans and specifications for the Project to the Department
of Housing and Connmunity Development for approval, which approval shall not
be withheld unreasonably; and

(b) It and its developers will work with the design advisory group appointed by
the Department of Housing and Community Development in order to achieve
high quality and design.

Sec. 16. And be it further ordained, That the Project User, prior to the is-
suance and sale of the Bonds, shall receive the approval of the Mayor's Office of
Manpower Resources of a final plan covering the future hiring needs of the Proj-
ect User and the utilization by the Project User of the training and recruitment
services of that Office; provided however, that in the event such approval has not
been received, then the Project User shall submit to the Baltimore Economic
Development Corporation a timetable and procedure, approved by that Office,
for the development of such a final plan.

Sec. 17. And be it further ordained, That the provisions of this Ordinance are
severable, and if any provision, sentence, clause, section or part hereof is held to
be illegal, invalid or unconstitutional or inapplicable U) any person or circum-

40 ORDINANCES Ord. No. 20

stances, such illegality, invaldity, unconstitutionality, or inapplicability shall not
affect or impair any of the remaining provisions, sentences, clauses, sections, or
parts of this Ordinance, or their application to other persons or circumstances. It
is hereby declared to be the legislative intent that this Ordinance would have
paijsed if such illegal, invalid or unconstitutional provision, sentence, clause, sec-
tion or part had not been included herein, and if the person or circumstances to
which this Ordinance or any part hereof are inapplicable had been specifically ex-
empted herefrom.

Sec. 18. And be it further ordained, That, if the Bonds are not issued and sold
within six months from the date on which this Ordinance is approved by the
Mayor of the City, the authorization provided in this Ordinance for the City to
issue and sell the Bonds shall expire; provided, however, that the Board may,
after a showing of go<xi cause at a public hearing held before the Board, extend
such authorization for one additional term not to exceed six months. The Board,
in its sole discretion, shall determine the sufficiency, or lack thereof, of the
reasons presented for any requested extension of this Ordinance. If an extension
is granted, notice of such extension and the reasons therefor must be sent to the
City Council.

Sec. 19. And he it further ordained, That this Ordinance shall take effect from
the date of its passage

Apprt)ved March 9, 1984

WILLIAM DONALD SCHAEFER. Mayor.

No. 20
(Cpuncil No. U6)

AN ORDINANCE concerning

INDUSTRIAL DEVELOPMENT REVENUE BONDS -
(HAVERHILL ASSOCIATES LIMITED PARTNERSHIP PROJECT)

FOR the purpose of authorizing and empowering Mayor and City Council of Bal-
timore (the "City") to issue, sell and deliver, at any time or from time to time
and in one or more series, as limited obligations of the City and not upon its
full faith and credit, its industrial development revenue bonds, to be
designated "Baltimore City, Maryland Industrial Development Revenue
Bonds (Haverhill Associates Limited Partnership Project)" in the aggregate
principal amount not to exceed $2,000,000, pursuant to Sections 266A to
266-1, inclusive, of article 41 of the Annotated Code of Maryland (1982
Replacement Volume and 1983 Supplement), as amended, for the sole and ex-
clusive purjmse of financing the costs, charges, fees and expenses in connec-
tion with one or more of the following (i) the acquisition of an interest in land
consisting of approximately 3 acres located at 1006 Haverhill Road in the City
of Baltimc^re (the "Land"), (ii) the construction of a building of approximately
r)8.30U S(juare feet on the land (the "Building") to be used as a warehouse, of-

ORDINANCES 41

fice and distribution facility, (iii) the acquisition and installation in the building
of certain machinery and equipment and other improvements as may be
necessary or useful in connection with the operation of the building and (iv) the
acquisition of such other interests in land as may be necessary or suitable for
the foregoing, including roads and rights of access, utilities and other
necessary site preparation facilities (collectively the "Project"), and (if
necessary) the funding of reserves and payment of interest on such bonds,
which facility shall be leased to, and used by, Nuway Distributors, Inc. and Ma-
jestic Tool Corporation; making certain legislative findings; authorizing the
loan of the proceeds of the bonds to Haverhill Associates, Limited Partnership
(the "Borrower"); authorizing and empowering the Board of Finance of the
City, prior to the issuance, sale and delivery of such bonds, to adopt a resolu-
tion pursuant to which the Board of Finance shall (a) specify, prescribe, deter-
mine, provide for or approve certain details, forms, documents or procedures
in connection with the Bonds issued hereunder and the loan of the proceeds of
such bonds to the borrower and any other matters necessary or desirable in
connection with the authorization, issuance, sale, and payment of such
revenue bonds, including, but not limited to, the form, terms, provisions, man-
ner or method of issuing and selling, and the time or times of issuance, and any
and all other details of such bonds, and (b) do any and all things necessary,
proper or expedient in connection with the issuance and sale of such bonds;
providing that the borrower shall agree to submit certain plans and specifica-
tions to, and to coordinate with, the Department of Housing and Community
Development and the Department of Planning in connection with the acquisi-
tion and installation of the project; authorizing the Mayor of the City to accept
the Letter of Intent from the Borrower dated January 26, 1984; providing
that the authorization for the issuance of Bonds hereunder shall be of limited
duration; and generally providing for and determining various matters and
details in connection with the authorization, issuance, security, sale and pay-
ment of such bonds.

RECITALS

The Maryland Economic Development Revenue Bond Act, Sections 266A
through 266-1, inclusive, of Article 41 of the Annotated Code of Maryland (1982
Replacement Volume and 1983 Cumulative Supplement) (the "Act") constitutes
those provisions of Maryland law authorizing the issuance of industrial develop-
ment revenue bonds by all the counties and municipalities of the State of
Maryland (the "State").

The Act empowers the counties and municipalities of the State to issue revenue
bonds, bond anticipation notes, notes in the nature of commercial paper and
other instruments, certificates or evidences of obligation and to loan the pro-
ceeds of the sale of such revenue bonds to a facility applicant (as defined in the
Act) to finance the acquisition (as that term is defined in the Act) by such facility
applicant of a facility (as that term is defined in Section 266A of the Act). The Act
declares it to be its legislative purpose to relieve conditions of unemployment in
the State, to encourage the increase of industry and commerce and a balanced
economy in the State, to assist in the retention of existing industry and com-
merce and in the attraction of new industry and commerce in the State through,

42 ORDINANCES Ord. No. 20

among other things, port development and the control, reduction or abatement
of pollution of the environment and the utilization and disposal of wastes (where
the proceeds of such bonds are used for such purpose), to promote economic
development, to protect natural resources and encourage resource recovery and,
generally, to promote the health, welfare and safety of the residents of each of
the counties and municipalities of the State.

The City has received a letter of intent (as contemplated by Section 266A(h) of
the Act) dated January 26, 1984 (the "Letter of Intent"), from Haverhill
Associates, Limited Partnership, a Maryland limited partnership and a facility
applicant {as defined in the Act), and a facility user (as defined in the Act)
(hereinafter referred to as the "Borrower") and Nuway Distributors, Inc.,
("Nuway") a Maryland corporation and a facility applicant and a facility user
(collectively, with Majestic Tool Corporation, the "Facility User"), pursuantlo
which the Borrower and Nuway have requested the City to participate in the
financing of the acquisition (within the meaning of the Act) by the Borrower of a
facility (within the definition of the Act) to be located in Baltimore City,
Maryland (the "Facility") by the issuance and sale by the City of its Baltimore
City, Maryland Industrial Development Revenue Bonds (Haverhill Associates
Limited Partnership Project) (the "Bonds"), in an aggregate principal amount not
exceeding $2,000,000, and by loaning the proceeds of the Bonds to the Borrower
upon the terms and conditions of one or more loan or other agreements to be
entered into between the City and the Borrower (collectively, the "Loan Agree-
ment"), as permitted by the Act (such loan being herein referred to as the
"Loan").

The Facility will consist generally of one or more of the following (i) the acquisi-
tion of an approximately 3 acre tract of land located at 1006 Haverhill Road,
Baltimore, Mar>'land (the "Land"), (ii) the construction of a building of approx-
imately 68,300 square feet on the Land (the "Building") to be used as a
warehouse office and distribution facility, (iii) the acquisition and installation in
the Building of certain machinery and equipment and other improvements
therein as may be necessary or useful in connection with the operation of the
Facility User's business, and (v) the acquisition of such other interests in land as
may be necessary or suitable for the foregoing, including roads and rights of ac-
cess, utilities and other necessary site preparation facilities.

The Loan Agreement will require the Borrower (a) to use the proceeds of the
Bonds solely to finance the acquisition of the Facility, to pay the necessary costs
of preparing, printing, selling and issuing the Bonds, the funding of reserves,
and the payment of interest with respect to such financing, in such amounts or
for such period as the Board of Finance of the City deems reasonable, or to
finance other costs permitted by the Act, and (b) to make Loan payments which
will be sufficient to pay the principal of, and interest and redemption premium, if
any, on the Bonds and all expenses incurred by the County in connection with the
issuance and sale of the Bonds and the nmking and administration of the Loan, as
the same become due and payable.

The City has determined to accept the Letter of Intent, to issue and sell Bonds
in an aggregate prmcipal amount not exceeding $2,000,000 and to lend the pro-
ceeds of the Bonds to the Borrower on the terms and conditions to be set forth in

ORDINANCES 43

the Loan Agreement in order to help finance the acquisition of the Facility by the
Borrower and thereby facilitate the leasing of the Facility to the Facility User. It
has further determined that such action should be taken in order (i) to relieve^
conditions of unemployment in the City and in the State, (ii) to encourage the in-
crease of industry and commerce and a balanced economy in the State, (iii) to pro-
mote economic development, and (iv) generally, to promote the health, welfare
and safety of the residents of the City and the State.

As security for the Bonds, the City will, for each series of the Bonds, enter into
either (a) a Trust Agreement (the "Trust Agreement") with a corporate trustee
(the "Trustee") to be appointed by the Board of Finance of the City (the "Board")
or (b) an Assignment and Security Agreement or other similar agreement (the
"Assignment") with the original purchaser of the Bonds (the "Original
Purchaser"), and, if appropriate, a trustee or trustees (which may be the Original
Purchaser) (collectively, the "Project Fund Trustee"). Pursuant to the Trust
Agreement or the Assignment, the City will assign to the Trustee or, if the
Assignment is entered into, the Original Purchaser or other applicable party, its
successors and assigns, (among other things) (a) all of the City's right, title and
interest in and to and remedies under the Loan Agreement, including (without
limitation) all security referred to therein, excepting only the rights of the City to
indemnification by the Borrower and to payments to the City for expenses in-
curred by the City itself, (b) the receipts and revenues of the City from the Loan,
(c) certain moneys which are at any time or from time to time on deposit with the
Trustee or the Project Fund Trustee, (d) all right, title and interest in and to and
remedies with respect to any and all other property of every description and
nature from time to time by delivery or by writing of any kind conveyed,
pledged, assigned or transferred, as and for additional security for the Bonds,
and (e) all of the City's right, title and interest in and to and remedies under such
other documents, including (without limitation) mortgages, deeds of trust,
guaranties and security instruments, as the Board shall deem necessary to effec-
tuate the issuance, sale and delivery of the Bonds and which the Board shall ap-
prove by a resolution or resolutions (the "Resolution") to be adopted by the Board
prior to the issuance, sale and delivery of any of the Bonds.

The Borrower intends to apply to the Maryland Industrial Financing Develop-
ment Authority ("MIFDA") for insurance with respect to the Bonds pursuant to
Sections 13-101 through 13-122 of the Financial Institutions Article of the An-
notated Code of Maryland (1980 Volume and 1983 Cumulative Supplement) (the
"MIFDA Act"). The Borrower has not obtained a commitment from MIFDA for
such insurance which is subject to approval by MIFDA.

The Trust Agreement or the Assignment and the Loan Agreement may be
combined into one agreement (a "Financing Agreement"). All references to Trust
Agreement, Assignment and Loan Agreement herein shall also mean and refer
to a Financing Agreement.

NOW THEREFORE, IN ACCORDANCE WITH THE ACT:

Section 1 . Be it ordained by Mayor and City Council of Baltimore, That acting
pursuant to the Act, it is hereby found and determined as follows:

44 ORDINANCES Ord. No. 20

(a) The issuance of the Bonds by the City pursuant to the Act in order to loan
the proceeds thereof to the Borrower for the sole and exclusive purpose of fi-
nancing its acquisition (as that term is used in the Act) of the Facility and to pay
the costs of preparing, printing and selling the Bonds, to fund reserves, to pay in-
terest on the Bonds and to pay other costs pernnitted by the Act, will facilitate
and expedite the acquisition of the Facility by the Borrower and its leasing to the
Facility User.

(b) The accomplishment of the transactions contemplated and authorized by
this Ordinance, including (without limitation) the acquisition of the Facility by
the Borrower, the leasing of the Facility to the Facility User and the financing
thereof, will (i) sustain jobs and employment opportunities and aid in maintaining
employment, thus relieving conditions of unemployment in the State and in the
City; (ii) encourage the increase of industry and commerce and a balanced
economy in the State and in the City; (iii) promote economic development; and
(iv) generally promote the health, welfare and safety of the residents of the State
and of the City.

(c) The Facility constitutes a "facility" within the meaning of the Act, and the
Borrower and Nuway are each a "facility applicant" and "facility user" (as those
terms are defined in the Act) as evidenced by the Letter of Intent, which is a Let-
ter of Intent within the meaning of the Act.

(d) In addition to authorizing the City itself to acquire the Facility and either to
lease or to sell such Facility to the Borrower or the Facility User or to otherwise
accomplish the financing of the acquisition, the Act also authorizes the financing
of the Facility to be accomplished in the form of a loan to the Borrower and the
acquisition of the Facility by the Borrower with the loan proceeds. The loan form
of transaction avoids indirect costs and burdens on the City by not requiring any
direct involvement by the City in the construction, ownership or administration
of the Facility; it permits, however, controls to be imposed on the use of the pro-
ceeds of the sale of the Bonds to insure that the public purposes of the Act and
the Bonds are fully accomplished. It is, therefore, in the best interests of the
citizens of the City to finance the acquisition of the Facility by a loan of the Bonds
proceeds to the Borrower, the acquisition of the Facility by the Borrower with
the loan proceeds and the leasing of the Facility to the Facility User. This
Ordinance contemplates and authorizes a transaction in the form of a loan by the
City of the proceeds of the Bonds to the Borrower rather than a transaction in
the form of a lease or sale of the Facility to the Borrower or some other form of
financing as permitted by the Act. Accordingly, this Ordinance, together with
the Loan Agreement and other contracts, instruments and agreements author-
ized hereby, will contain such provisions as the City deems appropriate to effect
the financing of the Facility by the loan form of transaction.

(e) Neither the Bonds nor the interest thereon shall ever constitute a pledge of,
or involve the faith and credit or the taxing power of, the City, and neither shall
constitute a debt of the City within the meaning of Section 7 of Article XI of the
Constitution of Maryland or any other constitutional, statutory or charter provi-
sion limiting or restricting the sale or issuance of bonds, notes or other obliga-
tions, of the City, neither shall ever constitute or give rise to any pecuniary
liability of the City. The Bonds and the interest thereon shall be limited obliga-
tions of the City, repayable by the City solely from the revenue derived from

ORDINANCES 45

Loan repayments (both principal and interest) made to the City by the Borrower
on account of the Loan, and from any other moneys made available to the City
for such purposes. The proceeds of the Bonds will be paid directly to (a) the
Trustee to be held and disbursed by the Trustee as provided in the Trust Agree-
ment or (b) if deemed appropriate by the Board, by the Project Fund Trustee as
provided in the Assignment or, (c) if deemed appropriate by the Board, the Bor-
rower, to be approved by the Board in the Resolution. Payments of the principal
of and premium (if any) and interest on the Loan will be paid by the Borrower
directly to the Trustee as provided in the Trust Agreement or to the Original
Purchaser, its successors and assigns, as provided in the Assignment, to be ap-
proved by the Board in the Resolution. No such moneys will be commingled with
the City's funds or will be subject to the absolute control of the City, but will be
subject only to such limited supervision and checks as are deemed necessary or
desirable by the City to insure that the proceeds of the Bonds are used to ac-
complish the public purposes of the Act and this Ordinance. The loan form of the
transaction authorized hereunder shall in no event constitute a capital project
within the meaning of any charter or statutory provision. The public purposes ex-
pressed in the Act are to be achieved by facilitating the acquisition and installa-
tion of the Facility by the Borrower and its leasing to the Facility User.

(f) The City will acquire no interest in the Facility other than (a) any general in-
terest in the Borrower's property shared by all holders of the Borrower's obliga-
tions which rank and are scheduled equally with the Borrower's obligations pur-
suant to the Loan Agreement, (b) any lien and security interest created by the
Loan Agreement, and (c) any interest created by any other mortgage or deed of
trust or other security instrument executed and delivered by the Borrower or
any third party as security for the Loan or the revenue bonds as the Board may
provide for and approve in the Resolution. The security for the revenue bonds
shall be solely and exclusively (a) the absolute, irrevocable and unconditional
obligations of the Borrower to make the payments required by the Loan Agree-
ment, (b) moneys realized from the liquidation of any lien and security interest
created by the Loan Agreement and of any other lien or security interest created
with respect to any property as security for the Loan or the revenue bonds as the
Board may provide for and approve in the Resolution, and (c) moneys realized
from any guaranty of the revenue bonds or of the Loan as the Board may provide
for and approve in the Resolution.

Sec. 2. And be it further ordained, That the City is hereby authorized and em-
powered to issue, sell and deliver, at any time or from time to time and in one or
more series, and as limited obligations of the City and not upon its full faith and
credit, its Baltimore City, Maryland Industrial Development Revenue Bonds
(Haverhill Associates Limited Partnership Project), in the aggregate principal
amount not to exceed $2,000,000, subject to the provisions of this Ordinance. The
proceeds of the Bonds will be loaned to the Borrower pursuant to the terms and
provisions of the Loan Agreement, to be used by the Borrower for the sole and
exclusive purpose of financing the costs of the acquisition and installation of the
Facility and the funding of reserves and payment of interest on the Bonds, to the
extent permitted in the Resolution. The Bonds and the interest thereon shall be
limited obligations of the City, repayable by the City solely from the revenue
derived from Loan repayments (both principal and interest) made to the City by

46 ORDINANCES Ord. No. 20

the Borrrower pursuant to the Loan Agreement and from any other moneys
made available to the City for such purpose. The security for the Bonds shall be
solely and exclusively as provided in Section 1 of this Ordinance.

Sec. 3. And be it further ordained, That each of the Bonds shall bear the
descriptive title "Baltimore City, Maryland Industrial Development Revenue
Bond (Haverhill Associates Limited Partnership Project)", provided that the
descriptive title may contain such other descriptive information as the Board
may prescribe in the Resolution (e.g. "1983 Series"). The Bonds shall bear in-
terest at the rate or rates of interest to be determined by negotiation with the
original purchaser or purchasers of the Bonds and to be approved and prescribed
by the Board in the Resolution.

Sec. 4. And be it further ordained, That the definitive Bonds, which may be
engraved, printed or typewritten, including the Trustee's Certificate of Authen-
tication, to be endorsed thereon, if the Trust Agreement is entered into, shall be
in such form, not inconsistent with the Act and the provisions of this Ordinance,
as the Board may approve in the Resolution.

Sec. 5. And be it further ordained, That the Bonds shall be executed in the
name of the City and on its behalf by the Mayor of the City, by his manual or fac-
simile signature, and by the Director of Finance of the City, by his manual or fac-
simile signature, and the corporate seal of the City or a facsimile thereof shall be
impressed or otherwise reproduced thereon and attested by a Custodian of the
City Seal, by his manual or facsinule signature, as permitted by law. The Loan
Agreement, the Trust Agreement or the Assignment and, where applicable, all
other documents as the Board shall deem necessary to effectuate the issuance,
sale and delivery of the Bonds, shall be executed in the name of the City and on
its t>ehalf by the Mayor of the City by his manual or facsimile signature, and, if
applicable, the corporate seal of the City or a facsimile thereof shall be impressed
or otherwise reproduced thereon and attested by a Custodian of the City Seal by
his manual or facsimile signature, as required by law. In case any officer whose
signature or a facsimile of whose signature shall appear on the Bonds or any of
the aforesaid documents shall cease to be such officer before the delivery of the
Bonds or any of the other aforesaid documents, such signature or such facsimile
shall nevertheless be valid and sufficient for all purposes, the same as if such of-
ficer had remained in office until delivery. The Mayor of the City, the Director of
Finance of the City, a Custodian of the City Seal and other officials of the City
are hereby authorized and empowered to do all such acts and things and execute
such documents and certificates as the Board may determine in the Resolution to
be necessary to carry out and comply with the provisions hereof

Sec. 6. And be it further ordained, That the Bonds shall be executed, issued
and delivered at any time or from time to time and in one or more series and in
such amount or amounts not exceeding, in the aggregate, the principal amount of
$2,000,000 as the Board shall prescribe in the Resolution.

Sec. 7. And be it further ordained. That the Bonds shall be dated, shall be in
such denominations, shall be of such form and tenor, and shall be payable in such

ORDINANCES 47

amounts, at such times and at such place or places as the Board shall prescribe in
the Resolution.

Sec. 8. And be it further ordained, That prior to the issuance, sale and delivery
of the Bonds, the Board shall adopt a Resolution pursuant to which the Board is
hereby authorized to specify, determine, provide for or approve, all or any of the
following matters, details, forms, documents or procedures in connection with
the Loan and the Bonds:

(a) The terms and provisions of the Bonds, including, without limitation, the
principal amount of the Bonds, the maturity or maturities of the Bonds, the rate
or rates of interest the Bonds are to bear and the redemption provisions of the
Bonds;

(b) The form and tenor of the Bonds, including the determination as to whether
the Bonds shall be issued in one or more series, the form in which the Bonds are
issued, and the designation of each series of Bonds;

(c) The terms and provisions and form of the Loan Agreement between the
City and the Borrower and the terms and provisions and form of any notes or
other evidences of obligation issued by the Borrower pursuant to the Loan
Agreement;

(d) The terms and provisions and form of the Assignment or Trust Agreement
by which the City assigns transfers, without recourse, all of its rights, title and
interest in and to, and remedies with respect to (except for certain rights to in-
demnification and to payment of administrative expenses of the City, including
any enforcement remedies available to the City with respect thereto) the receipts
and revenues of the City from the Loan as set forth in Section 1 hereof, such
Assignment to provide, in substance, that the holders of the Bonds, the agent, or
the trustee or trustees, if any, appointed pursuant to the Assignment, shall en-
force each and every right, power or remedy granted to the City pursuant to the
Loan Agreement and any mortgage, deed of trust, assignment of leases, security
agreement or any contract, agreement, trust or other instrument (including,
without limitation, any guaranty agreement) executed and delivered in connec-
tion with the Loan, and that nothing in the Loan Agreement, the aforesaid in-
struments, or the Assignment or Trust Agreement, shall obligate the City to act
or refrain from acting under such instruments, it being understood that the
holders of the Bonds shall look solely to themselves and any agent, trustee or
trustees appointed pursuant to the Assignment for enforcement of the rights and
remedies under the Loan Agreement, such instruments and the Bonds available
to the holders of the Bonds or for the benefit of the holders of the Bonds;

(e) The determination as to whether the proceeds of the Bonds shall be paid
directly to the Borrower or paid to, and disbursed by, a trustee or trustees or
agent for the benefit of the holders of the Bonds, if any such agent, trustee or
trustees is appointed, and, if necessary, the appointment of such agent, trustee
or trustees, provided that such agent, trustee or trustees shall have been ap-
proved by the original purchasers of the Bonds or shall be a financial institution
which regularly serves in such a capacity or a similar capacity;

(f) The determination as to whether the Loan payments shall be made directly
to the holder or holders of the Bonds or to an agent, trustee or trustees for the

48 ORDINANCES ()rd. No. 20

benefit of the holders of the Bonds, and, if necessary, the appointment of such
agent, trustee or trustees, provided that such agent, trustee or trustees shall
have been approved by the original purchasers of the Bonds or shall be a financial
institution which regularly serves in such capacity or a sinnilar capacity;

(g) The determination as to whether the assignment of the receipts and
revenues of the City from the Loan should be made directly to the holder of the
Bonds or to an agent, trustee or trustees for the benefit of the holders of the
Bonds, and, if necessary, the appointment of such agent, trustee or trustees, pro-
vided that such agent, trustee or trustees shall have been approved by the
original purchasers of the Bonds or shall be a financial institution regularly serv-
ing in such capacity or a similar capacity;

(h) The form of, and the terms and provisions of any mortgage, deed of trust,
assignment of leases or security agreement or other security instrument cover-
ing the Facility or any portion thereof or any interest therein or any other prop-
erty as security for the Loan or the Bonds;

(i) The terms and the provisions of any contract, agreement, trust or other in-
strument (including, without limitation, any guaranty agreement) which it deems
necessary or appropriate in connection with the issuance, sale and delivery of the
Bonds, the making of the Loan and the acquisition of the Facility;

(j) To the extent it considers necessary or appropriate in any of the documents
referred to above, the determination of any provisions regarding the commence-
ment and completion of the Facility, provisions regarding damage to and con-
demnation of the Facility or any part thereof, provisions for the appointment of
an authorized City representative and an authorized Borrower representative,
provisions and covenants with respect to the use, maintenance, modification,
operation and transfer of, and access to, the Facility; provisions with respect to
the issuance, application, use and disbursement of the proceeds of the Bonds;
provisions for the funding of reserves for the Bonds; provisions for the payment
of interest on the Bonds for a period which it deems reasonable; provisions re-
garding the assignment of the Loan Agreement and any instrument referred to
al:H)ve, provisions regarding the remedies of the holders of the Bonds and any
agent, trustee or trustees appointed pursuant to any of the documents above in
the event of a default under any documents; and such other terms, provisions and
conditions as it may determine to be necessary or appropriate in connection with
the issuance, sale and delivery of the Bonds and the making of the Loan;

(k) The determination of the form and content of any representations, warran-
ties, findings and affirmative and negative covenant's of the City, the Borrower
and any other party which may be contained in any of the documents referred to
above;

(1) Provisions for the amendment or modification of the Loan Agreement, the
Assignment or Trust Agreement, any assignment of leases, any trust agree-
ment, any guaranty agreement, any deed of trust, any mortgage or any other
security agreement or other instrument executed in connection with the Loan, or
with the sale, issuance and delivery of the Bonds, including any certificate, fi-
nancing statement and any statement of election as required pursuant to Section
103{bX6XU) of the Internal Revenue Code of 1954. as amended;

ORDINANCES 49

(m) A determination of the identity of any investment banker, underwriter,
placement agents or other broker to be employed by or on behalf of the City in
connection with the issuance, sale and delivery of the bonds and the form of any
preliminary and final official statement issued in connection with any public of-
fering of the Bonds or any offering memorandum or other official informational
document prepared in connection with any private placement of the Bonds;

(n) The determination of the date, time and place when any purchase agree-
ment or proposal shall be submitted for the Bonds, the terms or provisions of any
such agreement or proposal and such other matters as the underwriters, invest-
ment bankers or other placement agents employed in connection with the is-
suance of the Bonds nnay request; and

(o) Such other matters, details, forms, documents or procedures as he may
deem appropriate or desirable to the sale, security, issuance, delivery or payment
of or for the Bonds for the Loan, including, without limitation, the creation of
security for the Bonds and the Loan and provision for the administration of the
Bonds, such as trusts or other instruments with banks or trust companies regard-
ing countersignature or delivery of the Bonds or security for the Bonds or the
Loan.

Sec. 9. And be it further ordained, That neither the Bonds nor the interest
thereon shall ever constitute a pledge of or involve the faith and credit or the tax-
ing power of the City, and neither shall ever constitute a debt of the City within
the meaning of Section 7 of Article XI of the Constitution of Maryland or any
other constitutional, statutory or charter provision limiting or restricting the
sale or issuance of the bonds, notes or other obligations of the City, and neither
shall ever constitute or give rise to any pecuniary liability of the City. The Bonds,
and the interest thereon, shall be limited obligations of the City, the principal of
and interest on which Bonds shall be payable by the City solely from the revenue
derived from Loan repayments (both principal and interest) made to the City by
the Borrower on account of the Loan and, to the extent provided by the Board in
the Resolution, from the proceeds of the Bonds, and from any other moneys
made available to the City for such purpose. The proceeds of the Bonds will be
paid directly to the Trustee or the Project Fund Trustee to be held and disbursed
by the Trustee as provided in the Trust Agreement or if deemed appropriate by
the Board, by the Project Fund Trustee as provided in the Assignment or if
deemed appropriate by the Board, such proceeds will be paid to or for the benefit
of the Borrower, to be approved by the Board in the Resolution. No such moneys
will be commingled with the City's funds or will be subject to the absolute control
of the City, but will be subject only to such limited supervision and checks as are
deemed necessary or desirable by the City to insure that the proceeds of the
Bonds are used to accomplish the public purposes of the Act and this Ordinance.

Sec. 10. And be it further ordained, That in consideration of the purchase and
acceptance of the Bonds by those who shall hold the Bonds from time to time, the
City does hereby, and by the execution and delivery of the Trust Agreement or
the Assignment to be approved by the Board shall, set aside and pledge the in-
come and revenue under the Loan Agreement (other than payments to the City
for indemnification or to reimburse the City for expenses incurred by the City
itself) to the Trustee or, if the Assignment is entered into, the Original f^ur-

50 ORDINANCES Ord. No. 20

chaser, its successor and assigns, to be used and applied for the payment of the
principal of and interest on the Bonds. Pursuant to the terms of the Loan Agree-
ment, to be approved by the Board in the Resolution, payments sufficient for the
prompt payment when due of the principal of, premium, if any, and interest on
the Bonds are to be paid by the Borrower to the Trustee for the benefit of the
holders of the Bonds or, if the Assignment is entered into, to the Original Pur-
chaser or other party, its successors and assigns, for the account of the City.

Sec. 11. And be it further ordained, That the Borrower shall agree that:

(a) It will submit any plans and specifications for the acquisition and installa-
tion of any portion of the Facility (other than the acquisition and installation of
equipment only) to the Department of Housing and Community Development
and the Department of Planning for approval, and that the Department of Hous-
ing and Community Development and the Department of Planning may refuse
approval of any plans and specifications for aesthetic or functional reasons; and

(b) With respect to such portion of the Facility, the Borrower will work with
the design advisory group appointed by the Department of Housing and Com-
munity Development and the Department of Planning in order to achieve high
quality site, building and landscape design.

Sec. 12. And be it further ordained, That the Mayor of the City is hereby
authorized to accept the Letter of Intent on behalf of the City in order to further
evidence the commitment of the City to issue the Bonds for the benefit of the
Borrower.

Sec. \S. And be it further ordained. That it is hereby found and determined
that the best interests of the City will be served by selling the Bonds, at par, at
private (negotiated) sale as authorized by the Act, upon the terms and conditions
determined by the Board in the Resolution subject to the terms of this Ordinance;
provided, however, that the Bonds may be sold at public (competitive) sale or
below or above par (with the consent of the Borrower) if the Board determines
that it is in the best interests of the City, to sell the Bonds at a public (com-
petitive) sale or sale above or below par.

Sec. 14. Ayid be it further ordained, That, in lieu of the Resolution of the Board
of Finance, the Mayor of the City is hereby authorized to approve or prescribe,
by Executive Order, any matters which the Board is authorized to approve or
prescribe pursuant to this Resolution.

Sec. 15. Ajid be it further ordained, That the provisions of this Ordinance are
severable, and if any provision, sentence, clause, section or part hereof is held il-
legal, invalid or unconstitutional or inapplicable to any person or circumstances,
such illegality, invalidity or unconstitutionality, or inapplicability shall not affect
or impair any of the remaining provisions, sentences, clauses, sections, or parts
of this Ordinance or their application to other persons or circumstances. It is
hereby declared to be the legislative intent that this Ordinance would have been
passed if such illegal, invalid or unconstitutional provision, sentence, clause, sec-
tion or part had not been included herein, and if the person or circumstances to

ORDINANCES 51

which this Ordinance or any part hereof are inapplicable had been specifically ex-
empted herefrom.

Sec. 16. And be it further ordained, That, this Ordinance is intended to be, and
shall constitute, a commitment by the City to the Borrower to issue and deliver
the Bonds authorized hereby in accordance with the terms hereof, provided
however, that if no Bonds have been issued pursuant to this Ordinance within six
months after the effective date of this Ordinance, the authority and commitment
of the City to issue the Bonds panted hereunder shall end; provided, however,
that the Board may, after a showing of good cause at a public hearing held before
the Board, extend such authorization for one additional term not to exceed six
months. The Board, in its sole discretion, shall determine the sufficiency, or lack
thereof, of the reasons presented for any requested extension of this Ordinance.
If an extension is granted, notice of such extension and the reasons therefor
must be sent to the City Council.

Sec. 17. And be it further ordained, That this Ordinance shall take effect from
the date of its passage.

Approved March 9. 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 21
(Council No. 75)

AN ORDINANCE concerning

FIRE AND POLICE EMPLOYEES' RETIREMENT SYSTEM

FOR the purpose of providing THAT beneficiaries of deceased members of the
Fire and Police Employees' Retirement System who are receiving a periodical-
ly paid retirement benefit calculated on the basis of more than three years as
an average final compensation are entitled to have said benefit recomputed on
an average final compensation of three consecutive years of service in which
the compensation was highest.

BY adding to

Article 22 -Retirement Systems

Subtitle -Fire and Police Employees

Section 34(r)

Baltimore City Code (1983 Replacement Volume)

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That
Section(s) of the Baltimore City Code (1983 Replacement Volume) be added,
repealed, or amended, to read as follows:

52 ORDINANCES Ord. No. 22

ARTICLE 22-RETIREMENT SYSTEMS
Fire and Police Employees
34. Benefits.

(r) Beginning July 1, 198U, any beneficiary receiving a periodically paid retire-
ment benefit which is based an the average final compensation of five years of a
deceased member shall be entitled to have said retirement benefit recomputed on
the basis of an average final compensation as defined in subsection (11) of Section
SO for said deceased member. Any increw s ed btnefits re sulting heytin, shall bv ap -
pludfromJulyl.vm. NO RETROACTIX'E PA YMENTS FOR ANY SUCH IN-
CREASED BENEFITS SHALL BE MADE TO ANY ELIGIBLE
BENEFICIARIES.

Sec. 2. And be it further ordained, That this ordinance shall take effect July 1,
1984.

Approved March 14, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 22
(Council No. 84)

AN ORDINANCE concerning

INDUSTRIAL DEVELOPMENT REVENUE BONDS -
(U-STORE/GAMMA LIMITED PARTNERSHIP PROJECT)

ORDINANCES 53

machinery and equipment in connection therewith (including roll-up doors,
heating equipment, and a golf cart), to be owned by U-Store/Gamma Limited
Partnership, and used by small business and home users as office/shop space
for manufacturing purposes and as self-service storage space; authorizing the
Mayor of the City, on behalf of the City, to accept the letter of intent dated
November 30, 1983 from U-Store/Gamma Limited Partnership to the City;
making certain legislative findings; authorizing and empowering the Board of
Finance of the City, by a resolution or resolutions adopted prior to the is-
suance, sale and delivery of any series of such bonds, to (a) prescribe, among
other things but not limited to, the form, terms, provisions, manner or method
of issuing and selling (including negotiated as well as competitive bid sale), and
the time or times of issuance, and any and all other details of such bonds, and
(b) do any and all things necessary, proper or expedient in connection with the
issuance and sale of such bonds; providing that U-Store/Gamma Limited Part-
nership shall agree to submit any plans and specifications to, and to coordinate
with, the Department of Housing and Community Development in connection
with the completion of such project; providing that such bonds (or bond an-
ticipation notes issued in anticipation of the issuance of such bonds) must be
issued and sold within six months from the date this Ordinance is approved by
the Mayor, unless the Board of Finance approves one six month extension as
provided in this Ordinance; authorizing the issuance of notes in anticipation of
the issuance of such revenue bonds; and generally providing for and determin-
ing various matters and details in connection with the issuance and sale of such
bonds and bond anticipation notes.

RECITALS

Sub-section (50) of Article II of the Charter of Baltimore City (1964 Revision),
as amended (the "Enabling Law"), empowers Mayor and City Council of
Baltimore (the "City") to borrow money to finance undertakings for the ac-
complishment of any of the purposes, objects and powers of the City and in con-
nection therewith to issue bonds, notes, or other obligations (including refunding
bonds, notes or other obligations), all of which shall be fully negotiable, payable,
as to both principal and interest, solely from and secured solely by a pledge of (I)
the revenues from or arising in connection with the property, facilities,
developments and improvements whose financing is undertaken by the issuance
of such bonds, notes or other obligations, (II) the revenues from or arising in con-
nection with any contracts, mortgages or other securities purchased or otherwise
acquired with the proceeds of such bonds, notes or other obligations, (III) the con-
tracts, mortgages or other securities purchased or otherwise acquired with the
proceeds of such bonds, notes or other obligations, or (IV) any combination of (I),
(II), or (III). The purposes, objects and powers of the City contemplated by the
Enabling Law include the relief of conditions of unemployment in Baltimore
City, encouraging the increase of industry and a balanced economy in Baltimore
City, promoting economic development in Baltimore City, and promoting the
health, welfare and safety of the residents of Baltimore City.

The City has received a letter of intent dated November 30, 1983 (the "Letter
of Intent") from U-Store/Gamma Limited Partnership, a Virginia limited part-
nership (the "Borrower"), pursuant to which the Borrower has requested the City

54 ORDINANCES Ord. No. 22

to participate in the financing of the costs of the completion by the Borrower of a
certain project in Baltimore City, Maryland (the "Project"), by issuing and selling
the City's industrial development revenue bonds in the aggregate principal
amount not to exceed $1,875,000 (the "Bonds"), and by making the proceeds of
the Bonds available to the Borrower to be used by the Borrower for the sole and
exclusive purpose of financing the costs of the completion of the Project by the
Borrower.

The Project, which is an "undertaking" which will accomplish the purposes, ob-
jects and powers of the City as mentioned in the EnabHng Law, will consist
generally of (a) the construction of (i) 750 self-storage mini storage units of slab,
cement block buildings with roll-up doors and steel roofs, consisting of approx-
imately 65,000 square feet in the aggregate, and (ii) 10 office/shop warehouses of
slab, cement block construction with steel roofs, consisting of approximately
20,000 square feet in the aggregate, all on a tract of land already owned by the
Borrower, containing approximately 4 acres, bounded by Alluvion Street, the
B&O Railroad, and Worcester Street, and known as 1420-1425 Ridgely Street
(also possibly known as 1500 Russell Street) in Baltimore City, and (b) the ac-
quisition and installation of certain machinery and equipment as may be
necessary or useful in connection therewith, including roll-up doors, heating
equipment, and a golf cart. Upon completion, the Project will be owned by the
Borrower and used by small business and home users as office/shop space for
manufacturing purposes and as self-service storage space.

The Enabling Law provides that the City may authorize and empower the
Board of Finance of the City (the "Board") by resolution to determine and .set
forth the form, terms, provisions, nnanner or method of issuing and selling (in-
cluding negotiated as well as competitive bid sale), and the time or times of is-
suance, and any and all other details of the Bonds and the issuance and sale
thereof, and to do any and all things necessary, proper or expedient in connection
with the issuance and sale of the Bonds.

NOW THEREFORE, IN ACCORDANCE WITH THE ENABLING LAW:

Section 1 . Be it ordaitied by Mayor and City Council of Baltimore, That acting
pursuant to the Enabling Law, it is hereby found and determined as follows:

(1) The issuance and sale of the Bonds by the City pursuant to the Enabling
Law in order to make the pnx^eeds thereof available to the Borrower for the sole
and exclusive purpose of financing the costs of completion of the Project will
facilitate and expedite the completion of the Project by the. Borrower.

(2) The completion of the Project by the Borrower and the financing of the
costs of such completion as provided in this Ordinance will serve to promote the
general purjjoses contemplated by the Enal)ling Law by (a) sustaining jobs and
employment in Baltimore City; 0^) promoting economic development in
Baltimore City; (c) encouraging the increase of industry and a balanced economy
in Baltimore City; and (d) providing much needed storage space for small
business and home users.

(3) Any and all of the Bonds shall not be general obligations of the City and
shall not be a pledge of or involve the faith and credit or the taxing power of the

ORDINANCES 55

City, and shall not constitute a debt of the City, all within the meaning of Section
7 of Article XI of the Constitution of Maryland or within the meaning of any
other constitutional, statutory or charter provision limiting or restricting the
sale or issuance of bonds, notes or other obligations of the City. All of the Bonds
shall be limited obligations of the City, and shall be fully negotiable, payable, as
to both principal and interest, solely from and secured solely by a pledge of (I) the
revenues from or arising in connection with the Project, (II) the revenues from or
arising in connection with any contracts, mortgages or other securities pur-
chased or otherwise acquired with the proceeds of the Bonds, (III) the contracts,
mortgages or other securities purchased or otherwise acquired with the proceeds
of the Bonds, or (IV) any combination of (I), (II) or (III), all as the Board may ap-
prove by a resolution or resolutions adopted prior to the issuance, sale and
delivery of any of the Bonds.

Sec. 2. And be it further ordained, That the City is hereby authorized and em-
powered to issue and sell, at any time or from time to time and in one or more
series, as limited obligations of the City and not upon its full faith and credit, its
industrial development revenue bonds, in the aggregate principal amount not to
exceed $1,875,000, subject to the provisions of this Ordinance. The proceeds of the
Bonds will be made available to the Borrower under terms and conditions approved
by the Board and set forth in a Resolution, and used by the Borrower for the sole
and .exclusive purpose of financing the costs of the completion of the Project.

Sec. 3. And be it further ordained. That this Ordinance constitutes the present
intent of the City to issue the Bonds, and the Mayor of the City is hereby
authorized to accept the Letter of Intent on behalf of the City in order to further
evidence the present intent of the City to issue the Bonds in accordance with the
terms and provisions of this Ordinance.

Sec. 4. And be it further ordained. That, as permitted by the Enabling Law,
the Board is hereby authorized and empowered, by a resolution or resolutions
adopted prior to the issuance, sale and delivery of any of the Bonds, to:

56 ORDINANCES Ord. No. 22

(d) do any and all things necessary, proper or expedient in connection with the
issuance, sale and delivery of the Bonds.

Sec. 5. Ayid be it further ordained, That any and all of the Bonds shall not be
general obligations of the City and shall not be a pledge of or involve the faith
and credit or the taxing power of the City, and shall not constitute a debt of the
City, all within the meaning of Section 7 of Article XI of the Constitution of
Maryland or any other constitutional, statutory or charter provision limiting or
restricting the sale or issuance of bonds, notes or other obligations of the City.
All of the Bonds shall be limited obligations of the City, and shall be fully
negotiable, payable, as to both principal and interest, solely from and secured
solely by a pledge of (I) the revenues from or arising in connection with the Proj-
ect, (II) the revenues from or arising in connection with any contracts, mortgages
or other securities purchased or otherwise acquired with the proceeds of tlie
Bonds, (III) the contracts, mortgages or other securities purchased or otherwise
acquired with the proceeds of the Bonds, or (IV) any combination of (I), (II) or
(III), all as the Board may approve by a resolution or resolutions adopted prior to
the issuance, sale and delivery of any of the Bonds.

Sec. 6. And be it further ordained, That the Borrower shall agree that:

(b) it and its developers will work with the design advisory group appointed by
the Department of Housing and Community Development in order to achieve
high quality site, building, and landscape design.

Sec. 7. And be it further ordained, Thatany and all of the Bonds shall be ex-
ecuted in the name of the City and on its behalf by the Mayor of the City, by his
manual or facsimile signature, and by the Director of Finance of the City, by his
manual or facsimile signature, and the corporate seal of the City or a facsimile
thereof shall be impressed or otherwise reproduced thereon and attested by the
Custodian of the City Seal, by his manual signature. Any trust agreement or
other documents as the Board shall deem necessar>' to effectuate the issuance,
sale and delivery of the Bonds shall be executed in the name of the City and on its
behalf by the Mayor of the City by his manual or facsimile signanjre, and the cor-
porate seal of the City or a facsimile thereof shall be impressed or otherw^se
reproduced thereon and attested by the Custodian of the City Seal by his manual
signature. In case any officer whose signature or a facsimile of whose signature
shall appear on the Bonds or any of the aforesaid documents shall cease to be
such officer before the delivery df the Bonds or any of the other aforesaid
documents, such signature or such facsimile shall nevertheless be valid and suffi-
cient for all purposes, the same as if such officer had remained in office until
delivery. The Mayor of the City, the Director of Finance of the City, the Custo-
dian of the City Seal and other officials of the City are hereby authorized and em-
powered to do all such acts and things and execute such documents and cer-
tificates as the Board may determine by resolution to be necessary to carry out
and comply with the provisions hereof

ORDINANCES 57

Sec. 9. And be it further ordained, That the authority to issue the Bonds is in-
tended and shall be deemed to include the authority to issue bond anticipation
notes pursuant to Section 12 of Article 31 of the Annotated Code of Maryland
(1976 Replacement Volume and 1983 Cumulative Supplement), as amended (the
"Bond Anticipation Note Enabling Legislation"). Reference in this Ordinance to
the "Bonds" shall include such bond anticipation notes where appropriate. Prior
to the issuance, sale and delivery of any series of bond anticipation notes, the
Board shall adopt a resolution or resolutions, to:

(c) approve the terms and conditions, including but not limited to the tern^ and
conditions of any documents to be executed and delivered by the City (other than
customary financing statements and closing certificates), under which the pro-
ceeds of such bond anticipation notes will be made available to the Borrower to
finance the cost of the completion of the Project; and

(d) do any and all things necessary, proper or expedient in connection with the
issuance, sale and delivery of such bond anticipation notes.

In accordance with the Bond Anticipation Note Enabling Legislation, the City
hereby covenants to pay any bond anticipation notes issued pursuant to this Sec-
tion of this Ordinance and the interest thereon from the proceeds of the Bonds in
anticipation of the sale of which such notes are issued, and the City hereby fur-
ther covenants to issue such Bonds, as the case may be, when, and as soon as, the
reason for deferring the issuance of the Bonds no longer exists. The timely is-
suance of such Bonds, however, is dependent upon matters not within the control
of the City, including (v^ithout limitation) the existence of a purchaser or pur-
chasers for such Bonds at the time the reason for deferring the issuance of the
Bonds no longer exists and the effectiveness of various actions taken by the Bor-
rower, its officers, agents and employees.

58 ORDINANCES Ord. No. 22

such illegality, invalidity or unconstitutionality, or inapplicability shall not affect
or impair any of the remaining provisions, sentences, clauses, sections, or parts
of this Ordinance or their application to other persons or circumstances. It is
hereby declared to be the legislative intent that this Ordinance would have been
passed if such illegal, invalid or unconstitutional provision, sentence, clause, sec-
tion or part had not been included herein, and if the person or circumstances to
which this Ordinance or any part hereof are inapplicable had been specifically ex-
empted herefrom.

Sec. W.Andbe it further ordained, That either the Bonds or bond anticipation
notes issued pursuant to Section 9 of this Ordinance in anticipation of the is-
suance of the Bonds must be issued and sold within six months from the date on
which this Ordinance is approved by the Mayor of the City; provided, however,
that the Board, after a showing of good cause at a public hearing held before the
Board prior to or after the expiration of such six month period, may extend the
period during which either the Bonds or such bond anticipation notes may be
issued and sold for one additional term not to exceed six months from the date on
which the first six month period expired. The Board, in its sole discretion, and
without action by the City Council, shall determine the sufficiency, or lack
thereof, of the reasons presented for any requested extension of the six month
period. If an extension is granted, notice of such extension and the reasons
therefor must be sent to the City Council. To the extent that neither the Bonds
nor such bond anticipation notes are issued and sold within twelve months from
the date on which this Ordinance is approved by the Mayor of the City, the
authority provided in this Ordinance for the City to issue and sell the Bonds and
such bond anticipation notes shall expire.

Sec. 12. And be itfurtfier ordained, That this Ordinance shall take effect from
the date of its passage.

Approved March 14, 1984

WILLIAM DONALD SCHAEFER. Mayor.

ORDINANCES 59

No. 23
(Council No. 86)

AN ORDINANCE concerning

PARKING PENALTIES DURING RACES IN PIMLICO AREA

FOR the purpose of establishing penalty provisions for unlawful parking, stop-
ping, or standing in the Pin\lico Race Track impounding area during a racing
event: providing for relocation fees when vehicles are towed; and correcting
obsolete references.

BY repealing and reordaining with amendments
Article 3 1 - Transit and Traffic
Subtitle -Clear Streets
Section 88
Baltimore City Code (1983 Replacement Volume, as amended)

BY adding

Article 31 -Transit and Traffic

Subtitle -Parking and Stopping Fine, Penalties and Procedures
. Section 162(q)
Baltimore City Code (1983 Replacement Volume, as amended)

WHEREAS, THERE IS AMPLE PUBLIC PARKING IN THE AREA FOR
PORTIONS OF THE PIMLICO RACE TRACK; AND

WHEREAS, THE NUMBER OF R.\CING DAYS HELD AT THE PIMLICO
TRACK IS VERY LIKELY TO BE INCREASED IN THE NEAR FUTURE;
AND

WHEREAS, THE OLD FINE OF $17 WAS USUALLY REGARDED AS A
PARKING FEE BY THE 3 OR 4 RIDERS IN ONE TICKETED VEHICLE;
AND

WTIERE AS, IMPOUNDING IS A COSTLY AND CUMBERSOME METHOD
BY WHICH TO ENFORCE PARKING REGULATIONS; AND

WHEREAS, IT IS THE INTENT OF THE COUNCIL THAT PARKING
REGULATIONS IN THE PIMLICO AREA ARE TO BE ENFORCED BY IM-
POSING A SUBSTANTIAL FINE FOR VIOLATIONS; NOW, THEREFORE

. Section 1. Be it ordained by the Mayor and City Council of Baltimore, That
Section(s) of the Baltimore City Code (1983 Replacement Volume, as amended)
be added, repealed, or amended, to read as follows:

Article 31 -TRANSIT AND TRAFFIC

Clear Streets

88. Impounding vehicles.

(a) ft shall be unlawful fur any person to permit a vehicle or part thereof to be
parked or stopped on any street during the hours when such parking or stopping

60 ORDINANCES ()rd. No. 23

is restricted or prohibited thereon. A violation of this provision shall be deemed a
misdemeanor punishable by the fine now provided by law for such violation.

(b) In impounding areas otherwise designated in this article the Commissioner
is authorized to cause such vehicles to be removed, provided that conspicuous
signs are clearly posted on such streets warning the public of the restricted hours
and bearing the statement "Cars Towed Away" or "Tow Away Zone," said signs
to be placed by the Department of Transit and Traffic.

(c) In areas where parking is prohibited and impounding is authorized, violation
of such impounding law shall be deemed a misdemeanor punishable by a fine [of
$10.00J established in Section 152 of this article.

(d) In areas where stopping or standing is prohibited and impounding is
authorized, violation of such impounding law shall be deemed a misdemeanor
punishable by a fine [of $25.00] established in Section 152 of this article.

(e) fi^In the impounding area known as the "Pimlico Race Track Area" de-
scribed in Section 116(c) of this subtitle, where parking, stopping, or standing is
prohibited and impounding is authorized, molations of the impounding law is a
misdemeanor and subject to a fine established in Section 152 of this article.

(2) W^ten any v e hicle is tow t d unde r ik e provistow s of thu s subs tc lion du r i n g
a r acing e v r nt at Ptmlicv Ra ce T r ack, th e v e hicl e tow e d nvay b e re lo c at e d by th e
Director or th e Commissioner. The owne r of th e v e hicle shall bt subj ec t to a
rt lvcation f ee . Th e re location f e e shall b e iht sante as the ivwingf ee e stablished b y
t h e Boa r d of Estimates as towing c harg e s for th e impoundment of v e hicles unde r
this subtitle but in no e v e nt may th e re location f e e b e less than $i9.

Parking and Stopping Fines, Penalties and Procedures

152. Parking and stopping fines.

Within the limits of the City of Baltimore the following parking and stopping
fines are imposed in addition to the costs stipulated in the Annotated Code of
Maryland:

(q) Parkiyig, stopping, or standing in molation of racing event signs in the
Pimlico Race Track Area shall be a violation punishable by a fine of$i^ $S0 UN-
TIL SEPTEMBER 1, 198U; AFTER SEPTEMBER 1. 198^, THE VIOLATION
SHALL BE PUNISHABLE BY A FINE OF $50.

Sec. 2. And be it further ordained, That this ordinance shall take effect thirty
days from the date of its passage.

Approved March 14, 1984

WILLIAM DONALD SCHAEFfclK, Mutjur.

ORDINANCES 61

No. 24
(Council No. 88) ,

AN ORDINANCE concerning

CITY STREET-OPENING OF CERTAIN STREETS AND ALLEYS OR

PORTIONS THEREOF LYING WITHIN THE AREA OF THE OLIVER

NEIGHBORHOOD DEVELOPMENT PROJECT

FOR the purpose of condemning and opening certain streets and alleys lying
within the area bounded by Harford Avenue, Preston Street, Aisquith Street
and Oliver Street, in accordance with a plat thereof numbered 344-A-5,
prepared by the Surveys and Records Division and filed in the Office of the
Department of Public Works, on the Ninth (9th) day of December, 1983.

BY authority of

Article I -General Provisions

Section 4

Article II -General Provisions

Sections- 2, 34. 35

Baltimore City Charter (1964 Revision, as amended).

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That
the Department of Public Works be, and they are hereby authorized and directed
to condemn and open certain streets and alleys lying within the area bounded by
Harford Avenue, Preston Street, Aisquith Street and Oliver Street, the streets
hereby directed to be condemned for said opening being described as follows:

Beginning for Parcel No. 1 at the point formed by the intersection of the
east side of Aisquith Street, as now laid out 60 feet wide, and the north side of
Hoffman Street, 66 feet wide, and running thence binding on the north side of
said Hoffman Street, North 86°-53'-00'' East 287.25 feet to intersect the
northwest side of Harford Avenue, as realigned and widened to a width of 78
feet; thence binding on the northwest side of said Harford Avenue, by a line
curving to the right with a radius of 855.00 feet the distance of 77.73 feet
which arc is subtended by a chord bearing South 28°44'-15" West 77.70 feet to
intersect the south side of said Hoffman Street; thence binding on the south
side of said Hoffman Street. South 86°-53'-00" West 246.75 feet to intersect
the east side of said Aisquith Street, and thence binding on the east side of said
Aisquith Street, North 02°-40'-40" West 66.00 feet to the place of beginning.

Beginning for Parcel No. 2 at the point formed by the intersection of the
northwest side of Harford Avenue, 50 feet wide, and the south side of Hoff-
man Street. 66 feet wide, and running thence binding on the south side of said
Hoffman Street, North 86°-53'-00'' East 52.64 feet to intersect the southeast
side of said Harford Avenue; thence binding on the southeast side of said Har-
ford Avenue, South 15''-06'-28" West 14.67 feet to intersect the northwest side
of Harford Avenue, as realigned and widened to a width of 78 feet; thence
binding on the northwest side of last said Harford Avenue, the two following
courses and distances; namely, by a line curving to the right with a radius of

62 ORDINANCES Ord. No. 24

855.00 feet the distance of 49.75 feet which arc is subtended by a chord bear-
ing South 34°-08'-56.5" West 49.74 feet and by a Hne curving to the left with a
radius of 948.00 feet the distance of 113.84 feet which arc is subtended by a
chord bearing South 32*'-22'-32" West 113.77 feet to intersect the northwest
side of Harford Avenue, mentioned firstly herein, and thence binding on the
northwest side of Harford Avenue, mentioned firstly herein, North 15°-06'-28"
East 153.87 feet to the place of beginning.

Beginning for Parcel No. 3 at the point formed by the intersection of the
northwest side of Harford Avenue, 50 feet wide, and the south side of Oliver
Street, as now laid out 66 feet wide, and running thence binding on the south
side of said Oliver Street, North 87°-16'-50" East 52.52 feet to intersect the
southeast side of said Harford Avenue; thence binding on the southeast side of
said Harford Avenue, South I5°-06'-28" West 335.10 feet to intersect the
north side of Hoffman Street, 66 feet wide; thence binding on the north side of
said Hoffman Street, South 86°-53'-00" West 52.64 feet to intersect the north-
west side of said Harford Avenue, and thence binding on the northwest side of
said Harford Avenue, North 15°-06'-28" East 335.48 feet to the place of
beginning.

the said streets as directed to be condemned being more particularly described
and referred to among the Land Records of Baltimore City and delineated and
particularly shown on a plat numbered 344-A-5 which was filed in the Office of
the Department of Public Works on the Ninth (9th) day of December, in the year
1983, and is now on file in said Office.

Sec. 2. A7id be it further ordained, That the proceedings of said Department of
Public Works, with reference to the condemnation and opening of said streets
and the proceedings and rights of all parties interested or affected thereby, shall
be regulated by, and be in accordance with, any and all applicable provisions of
Article 4 of the Code of Public Local Laws of Maryland and the Charter of
Baltimore City (1964 Revision) as amended to July 1, 1973 and any and all
amendments thereto, and any and all other Acts of the General Assembly of
Maryland, and any and all ordinances of the Mayor and City Council of
Baltimore, and any and all rules or regulations in effect which have been adopted
by the Director of Public Works and filed with the Department of Legislative
Reference.

Sec. 3. And be itfurtiier ordained, That this Ordinance shall take effect from
the date of its passage.

Approved March 14. 1984

WILLIAM DONALD SCHAEFER. Mayor.

ORDINANCES 63

No. 25
(Council No. 89)

AN ORDINANCE concerning

CITY STREET-CLOSING OF CERTAIN STREETS AND ALLEYS OR

PORTIONS THEREOF LYING WITHIN THE AREA OF THE OLIVER

NEIGHBORHOOD DEVELOPMENT PROJECT

FOR the purpose of condemning and closing certain streets and alleys lying
within the area bounded by Harford Avenue, Preston Street, Aisquith Street
and Oliver Street, in accordance with a plat thereof numbered 344-A-5A,
prepared by the Surveys and Records Division and filed in the Office of the
Department of Public Works, on the Ninth (9th) day of December, 1983.

BY authority of

Article I -General Provisions

Section 4

Article II -General Provisions

Sections -2, 34, 35

Baltimore City Charter (1964 Revision, as amended).

Section 1. Be it ordained by the Mayor and City Council of Baltivwre, That
the Department of Public Works be, and they are hereby authorized and directed
to condemn and close certain streets and alleys lying within the area bounded by
Harford Avenue, Preston Street, Aisquith Street and Oliver Street, the streets
hereby directed- to be condemned for said closing being described as follows:

Beginning for Parcel No. 1 at the point formed by the intersection of the
east side of Aisquith Street, as now laid out 60 feet wide, and the north side of
Hoffman Street, 66 feet wide, and running thence binding on the north side of
said Hoffman Street, North 86°-53'-00" East 287.25 feet to intersect the north-
west side of Harford Avenue, as realigned and widened to a width of 78 feet;
thence binding on the northwest side of said Harford Avenue, by a line curving
to the right with a radius of 855.00 feet the distance of 77.73 feet which arc is
subtended by a chord bearing South 28*'44'-15" West 77.70 feet to intersect
the south side of said Hoffman Street; thence binding on the south side of said
Hoffman Street, South 86''-53'-00" West 246.75 feet to intersect the east side
of said Aisquith Street, and thence, binding on the east side of said Aisquith
Street, North 02°-40'-40" West 66.00 feet to the place of beginning.

Beginning for Parcel No. 2 at the point formed by the intersection of the
northwest side of Harford Avenue, 50 feet wide, and the south side of Hoff-
mafi Street, 66 feet wide, and running thence binding on the south side of said
Hoffman Street, North 86°-53'-00" East 52.64 feet to intersect the southeast
side of said Harford Avenue; thence binding on the southeast side of said Har-
ford Avenue, South 15°-06'-28" West 14.67 feet to intersect the northwest side
of Harford Avenue, as realigned and widened to a width of 78 feet; thence
binding on the northwest side of last said Harford Avenue, the two following
courses and distances; namely, by a line curving to the right with a radius of
855.00 feet the distance of 49.75 feet which arc is subtended by a chord bear-

64 ORDINANCES Ord. No. 25

ing South 34°-08'-56.5" West 49.74 feet and by a line curving to the left with ?.
radius of 948.00 feet the distance of 113.84 feet which arc is subtended by a
chord bearing South 32°-22'-32" West 113.77 feet to intersect the northwest
side of Harford Avenue, mentioned firstly herein, and thence binding on the
northwest side of Harford Avenue, mentioned firstly herein, North 15°-06'-28"
East 153.87 feet to the place of beginning.

Beginning for Parcel No. 3 at the point formed by the intersection of the
northwest side of Harford Avenue, 50 feet wide, and the south side of Oliver
Street, as now laid out 66 feet wide, and running thence binding on the south
side of said Oliver Street, North 87°-16'-50" East 52.52 feet to intersect the
southeast side of said Harford Avenue; thence binding on the southeast side of
said Harford Avenue, South 15°-06'-28" West 335.10 feet to intersect the
north side of Hoffman Street, 66 feet wide; thence binding on the north side of
said Hoffman Street, South 86°-53'-00'' West 52.64 feet to intersect the north-
west side of said Harford Avenue, and thence binding on the northwest side of
said Harford Avenue. North 15°-06'-28" East 335.48 feet to the place of
beginning.

the said streets as directed to be condemned being more particularly described
and referred to among the Land Records of Baltimore City and delineated and
particularly shown on a plat numbered 344-A-5A which was filed in the Office of
the Department of Public Works on the Ninth (9th) day of December, in the year
1983, and is now on file in said Office.

Sec. 2. Atid be it further ordained, That after said highway or highways shall
have been closed under the provisions of this Ordinance, all subsurface struc-
tures and appurtenances now owned by the Mayor and City Council of Baltimore,
shall be and continue to be the property of the Mayor and City Council of
Baltimore, in fee simple, until the use thereof shall be abandoned by the Mayor
and City Council of Baltimore, and in the event that any person, firm or corpora-
tion shall desire to remove, alter or interfere therewith, such person, firm or cor-
poration shall first obtain f)ermission and permits therefor from the Mayor and
City Council of Baltimore, and shall in the application for such permission and
permits agree to pay all costs and charges of every kind and nature made
necessary by such removal, alteration or interference.

Sec. 3. And be it further ordained, That no buildings or structures of any kind
shall be constructed or erected in said portion of said highway or highways after
the same shall have been closed under the provisions of this Ordinance until the
subsurface structures and appurtenances now owned by the Mayor and City
Council of Baltimore, over which said buildings or structures are proposed to be
constructed or erected shall have been abandoned or shall have been removed
and relaid in accordance with the specifications and under the direction of the
Director of Public Works of Baltimore City, and at the expense of the person or
persons or body corporate desiring to erect such buildings or structures. Railroad
tracks shall be taken to be "structures" within the meaning of this section.

ORDINANCES 65

the Mayor and City Council of Baltimore, shall upon notice from the Director of
Public Works of Baltimore City, be promptly removed by and at the expense of
the said owners.

Sec. 5. And be it further ordained, That on and after the closing of said
highway or highways, the said Mayor and City Council of Baltimore, acting
through its duly authorized representatives, shall, at all times, have access to
said property and to all subsurface structures and appurtenances used by it
therein, for the purposes of inspection, maintenance, repair, alteration, reloca-
tion andyor replacement, of any or all said structures and appurtenances, and this
without permission from or compensation to the owner or owners of said land.

Sec. 6. Arid be it further ordained, That the proceedings of said Department of
Public Works with reference to the condemnation and closing of said streets and
the proceedings and rights of all parties interested or affected thereby, shall be
regulated by, and be in accordance with, any and all applicable provisions of Arti-
cle 4 of the Code of Public Local Laws of Maryland and the Charter of Baltimore
City (1964 Revision) as amended to July 1, 1973 and any and all amendments
thereto, and any and all other Acts of the General Assembly of Maryland, and
any and all ordinances of the Mayor and City Council of Baltimore, and any and
all rules or regulations in effect which have been adopted by the Director of
Public Works and filed with the Department of Legislative Reference.

Sec. 7. And be it further ordained, That this Ordinance shall take effect from
the date of its passage.

Approved March 14, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 26
(Council No. 150)

AN ORDINANCE concerning

ISSUANCE OF PROJECT REVENUE NOTES -
(FORT McHENRY TUNNEL TOLL FACILITIES PROJECT)

FOR the purpose of authorizing and providing for the issuance, from time to
time, by Mayor and City Council of Baltimore (the "City") of its revenue notes,
designated "Project Revenue Notes (Fort McHenry Tunnel Toll Facilities
Project)," and its refunding notes, designated "Project Refunding Notes (Fort
McHenry Tunnel Toll Facilities Project)," in an aggregate principal amount
not exceeding twenty-five million dollars ($25,000,000) in accordance with the
authority contained in Article II, subsection (50) of the Charter of Baltimore
City (1964 Revision), as amended, and Section 24 of Article 31 of the An-
notated Code of Maryland (1957 Edition, 1976 Replacement Volume and 1983
Cumulative Supplement) in order to use the proceeds for the public purposes

66 ORDINANCES Ord. No. 26

of (a) financing the cost of toll collection facilities at the Fort McHenry Tunnel
and certain related activities; (b) funding capitalized interest on such revenue
notes to the extent deemed necessary and in accordance with any limitation on
the period for such funding established by law; (c) refunding and refinancing
such notes as they mature or are redeemed; (d) paying the Costs of Issuance,
as defined herein, of such notes; and (e) funding any reserve funds, including
reserves for such revenue notes, created pursuant to this Ordinance and the
Administrative Resolution (as defined herein); authorizing and providing for
the refunding, renewal or refinancing from time to time by the City of the
revenue notes, in whole or in part, by the issuance of refunding, renewal or
refinancing notes, as the case may be, and authorizing and providing for the
refunding, renewal or refinancing of any such refunding, renewal or refinanc-
ing notes, all in accordance with Article 31, Section 24 of the Annotated Code
of Maryland (1976 Replacement Volume and 1983 Cumulative Supplement);
authorizing the use of the proceeds of any refunding obligations for the public
purposes of (a) refunding any outstanding Revenue Obligations, as defined
hereafter, including the payment of any redemption premium thereon, (b) pay-
ing the Costs of Issuance of such refunding obligations and (c) funding any
reserve funds for the refunding obligations including reserves for the payment
of interest thereon, created pursuant to this Ordinance and the Administrative
Resolution; authorizing the Board of Finance to make various determinations
by resolution with regard to the terms and provisions of the revenue notes,
and the refunding notes (collectively, the "Revenue Obligations"), including
the use of certain expedited procedures; making certain legislative findings
regarding the Revenue Obligations; authorizing the use of obligations in the
nature of commercial paper or demand notes and letters of credit or related in-
struments; authorizing various book-entry, large denomination or uncer-
tificated obligation systems; prescribing the form and tenor of the Revenue
Obligations and determining certain other matters relating to the issuance and
sale thereof; authorizing the use of various systems of registration for the
Revenue Obligations; providing that certain matters pertaining to the
Revenue Obligations, including (without limitation) the amounts and dates of
any series, maturity or maturities, the private (negotiated) or competitive sale
thereof, interest rate or rates, redemption provisions, if any, and the period, if
any, during which interest will be capitalized, shall be determined ad-
ministratively at or prior to the time of the sale of any series of Revenue
Obligations by resolution of the Board of Finance of the City; providing for the
private (negotiated) sale of the revenue notes and the refunding revenue notes
unless the Board of Finance shall determine that a particular issue or series of
notes shall be sold by competitive bidding; providing that the Revenue Obliga-
tions (a) shall be payable solely and only from (i) the proceeds of a certain con-
tract expected to be agreed upon with the State of Maryland or an agency,
authority or instrumentality thereof (the "Pledged Revenues"), (ii) amounts in
any reserve fund established by the Board of Finance for the payment of the
principal of, premium on, if any, and interest on the Revenue Obligations, in-
cluding investment earnings on any such fund (to the extent provided by the
Board of Finance), (iii) unexpended proceeds of the Revenue Obligations, in-
cluding investment earnings on such proceeds (to the extent provided by the
Board of Finance), and (iv) other amounts legally available therefor, (b) shall
not ever constitute, within the meaning of any constitutional or charter provi-

ORDINANCES 67

sion or otherwise, a charge against the general credit or taxing powers of the
City and (c) shall not ever constitute (directly, indirectly or contingently) an
obligation, moral or otherwise, of the State of Maryland or any political sub-
division thereof, including the City, to levy or pledge any form of taxation for
their payment; pledging (i) the Pledged Revenues, (ii) amounts in any reserve
fund established by the Board of Finance for the payment of the principal of,
premium on, if any, and interest on the Revenue Obligations, including invest-
ment earnings on any such fund (to the extent provided by the Board of
Finance), and (iii) unexpended proceeds of the Revenue Obligations, including
investment earnings on such proceeds, to the payment of debt service on the
Revenue Obligations; authorizing the creation of a debt service reserve fund,
as additional security for the payment of the Revenue Obligations (to the ex-
tent provided by the Board of Finance), and other reserve funds, as deter-
mined by the Board of Finance; providing for the disbursement of the pro-
ceeds of the Revenue Obligations; providing that the proceeds of the Revenue
Obligations or any monies which may be deemed to be proceeds thereof, will
not be used in a manner which would cause the Revenue Obligations to be ar-
bitrage bonds; providing that the Board of Finance may determine by resolu-
tion or other appropriate action certain other matters pertaining to the is-
suance, sale or delivery of any series of the Revenue Obligations; providing for
the amendment or supplementation of this Ordinance to increase the author-
ized amount of Revenue Obligations, so long as such amendment or sup-
plementation is in accordance with this Ordinance and any resolutions of the
Board of Finance relating thereto; and generally relating to the issuance, sale,
delivery and payment of all Revenue Obligations.

RECITALS

A. General: For convenience of reference, the Mayor and City Council of
Baltimore, a municipal corporation organized and existing under the Constitu-
tion and laws of the State of Maryland, is hereinafter sometimes referred to as
the "City."

B. The Project:

1. Subsection (28) of Article II ("Subsection 28") of the Charter of
Baltimore City (1964 Revision, as amended) (the "Charter") authorizes the City
to acquire land and property of every kind in the vicinity of the Patapsco River
for or in connection with extending, developing and improving the harbor or Port
of Baltimore and its facilities and the highways and approaches thereto, and to
construct thereon or therein facilities or appurtenances necessary or useful in
connection with the operation of a modern port. Subsection 28 also authorizes
the City to dispose of land acquired under the authority of Subsection 28,
whether or not it is undeveloped or has been developed, to the State of Maryland.

2. Subsection (34) of Article II of the Charter ("Subsection 34") authorizes
the City to construct tunnels or approaches to them.

3. Subsection (15) of Article II of the Charter authorizes the City to sell,
lease, convey, transfer or otherwise dispose of land acquired for development or

68 ORDINANCES Ord. No. 26

redevelopment, regardless of whether or not it has been developed, redeveloped,
altered or improved, to any private corporation, partnership, person or other
legal entity or to the State of Maryland, or any department or agency thereof.

4. Subsection (15A) of Article II of the Charter authorizes the City to sell,
lease, convey, transfer or otherwise dispose of land and property acquired for or
in connection with the industrial and econonruc growth of Baltimore City, to any
private corporation, partnership, person or other legal entity or to the State of
Maryland, or any department or agency thereof.

5. The City is constructing, with the assistance of the federal and state
governments, the Fort McHenry Tunnel (the "Tunnel") beneath the Patapsco
River as part of Interstate 95 (the "Interstate Highway"). As part of that project,
the City is and will be constructing and equipping a toll collection plaza, an inter-
change with Keith Avenue, related collection devices and other equipment and
an administration building (the 'Toll Collection Facilities"). Included in the cost
of the Toll Collection Facilities are certain acquisition, design, construction,
equipment and contingency costs (collectively the "Project Costs"), including but
not limited to all design, engineering and architectural costs, the cost of all equip-
ment, interest costs during construction and all related costs.

6. The Toll Collection Facilities are not eligible for financing assistance
from the federal government.

7. The City has agreed to finance the full cost of the Toll Collection
Facilities through the issuance of the "Revenue Obligations," hereinafter de-
fined. As City ownership of the Toll Collection Facilities is not required in order
to obtain the benefit of the Tunnel or the Interstate Highway, the City expects to
be able to sell, transfer, convey or dispose of all of its interest in the Toll Collec-
tion Facilities to the State of Maryland (the "State") or to the Maryland
Transportation Authority (the "MTA") or some other instrumentality or agency
of the State ("other agency") under the terms of a Disposition Agreement (the
"Project Disposition Agreement").

C. Revenue Obligations:

1. Subsection (50) of Article II of the Charter ("Subsection 50"), empowers
the City to borrow money to finance undertakings for the accomplishment of any
of the purposes, objects and powers of the City and in connection therewith to
issue bonds, notes, or other obligations (including refunding bonds, notes or
other obligations), all of which shall be fully negotiable, payable, as to both prin-
cipal and interest, solely from and secured solely by a pledge of (I) the revenues
from or arising in connection with the property, facilities, developments and im-
provements whose financing is undertaken by the issuance of such bonds, notes
or other obligations, (II) the revenues from or arising in connection with any con-
tracts, mortgages or other securities purchased or otherwise acquired with the
proceeds of such bonds, notes or other obligations, (III) the contracts, mortgages
or other securities purchased or otherwise acquired with the proceeds of such
bonds, notes or other obligations, or (IV) any combination of (I), (II) or (III).

2. Authority for the issuance of refunding notes is contained in Article 31,
Section 24 of the Maryland Code. Article 31, Section 24 is sometimes referred to

ORDINANCES 69

in this Ordinance as the "Refunding Bond Enabling Act". The Refunding Bond
Enabling Act authorizes and empowers the City to issue and sell refunding
obligations for the purpose of refunding any of its obligations then outstanding,
provided that the public purpose of realizing savings in the effective costs of debt
service to the City is achieved. Such savings may be a direct result of the refund-
ing or may result from a reduction in debt service effectuated through a debt
restructuring. The City may, at a public meeting, determine that any refunding
obligations be sold on a negotiated basis without the solicitation of bids. The City
expects that, from time to time, it may be advisable to issue refunding notes to
refund any outstanding notes (or other refunding notes). The City proposes to
spend the proceeds of such refunding notes hereby authorized for the general
public purposes of paying, prepaying, refinancing or restructuring the debt
evidenced by the revenue notes or any refunding notes issued pursuant to this
Ordinance.

F. General:

1. The City desires to use its borrowing powers to provide for an efficient
and flexible debt management program to meet the borrowing needs of the City
in a responsible manner by using recently available financing methods designed
to provide substantial advantages to municipal borrowers.

2. Subsection (50) and the Refunding Bond Enabling Act together are
referred to herein as the "Enabling Laws." Subject to further definition in this
Ordinance, (i) notes issued under the Enabling Laws and this Ordinance, in-
cluding parity notes issued pursuant to any ordinance supplemental hereto, are
referred to herein as "Revenue Notes" or "Refunding Notes," as the case may be;
and (ii) the Revenue Notes and the Refunding Bonds are collectively referred to
herein as the "Revenue Obligations."

3. The City proposes to spend the proceeds of the Revenue Notes after the
payment of Costs of Issuance (as defined in this Ordinance) and the creation of
necessary reserves, for the general public purposes of financing the Project
Costs of The Toll Collection Facilities. The proceeds of the Revenue Notes may
be used to repay to the City amounts expended for Project Costs of the Toll Col-
lection Facilities in anticipation of the issuance of the Revenue Obligations.

4. The City proposes to spend the proceeds of any Refunding Notes hereby
authorized for the general public purposes of paying, prepaying, refinancing or
restructuring the debt evidenced by the Revenue Notes issued pursuant to this
Ordinance, which repayment may include the payment of any premium on such
obligations, the payment of Costs of Issuance and the creation of reserve funds
for the Refunding Notes, including reserves for the payment of interest on the
Refunding Notes.

5. In addition to any Revenue Obligation proceeds which may be available
therefor, the Revenue Obligations shall be payable solely and only from (i)
revenues derived from the Project Disposition Agreement (the "Pledged
Revenues"), (ii) amounts in any reserve fund established by the Board of Finance
for the payment of the principal of, premium on, if any, and interest on the

70 ORDINANCES Ord. No. 26

Revenue Obligations, including investment earnings on any such fund (to the ex-
tent provided by the Board of Finance), (iii) unexpended proceeds of the Revenue
Obligations, including investment earnings on such proceeds (to the extent pro-
vided by the Board of Finance), and (iv) other amounts legally available therefor.

6. The Revenue Obligations shall not ever constitute within the meaning of
any constitutional or charter provision or otherwise (i) an indebtedness of the
City or any other political subdivision of the State of Maryland within the mean-
ing of Section 7 of Article XI of the Constitution, or (ii) a charge against the
general credit or taxing powers of the City. The issuance of the Revenue Obliga-
tions is not directly or indirectly or contingently an obligation, moral or other-
wise, of the State of Maryland or of any political subdivision thereof, including
the City, to levy or pledge any form of taxation for their payment.

Section I. Be it ordained by the Mayor and City Council of Baltimore, That,
acting pursuant to the Enabling Laws, it is hereby found and determined as
follows:

(A) The development of the Toll Collection Facilities, as part of the Tunnel
and the Interstate Highway, is critical to the improvement of access to and from
the Port of Baltimore. Such improved access will increase the value of port ac-
tivities and will increase the usage of port facilities.

(B) A sale of the Toll Collection Facilities to the State or the MTA or any other
agency will retain to the City all of the benefits derived from the development of
such facilities.

(C) The issuance of the Revenue Obligations will permit the construction of the
Tunnel to proceed on a schedule acceptable to the City and the MTA.

(D) The Interstate Highway, of which the Tunnel is the critical missing ele-
ment, is essential to the industrial and economic development of the City of
Baltimore, by improving access to the various sections of Baltimore City.

(E) The financing program authorized in this Ordinance is designed to take ad-
vantage of certain favorable market conditions. Current bond nmrket conditions
are unusual, erratic, and unfavorable in comparison to historical bond market
conditions. An inflexible approach to borrowing by the City would threaten its
ability to initiate necessary capital projects and would diminish the resources
available to provide for the needs of the citizens of the City in the future. A flexi-
ble approach to borrowing, taking advantage of demand for certain short term
and other municipal obligations will best serve the interest of the City.

(F) The Board of Finance, being primarily responsible for the issuance and sale
of the City's certificates of indebtedness, has the expertise and experience
necessary to be primarily responsible for the determination of matters set forth
herein to be within its jurisdiction. The market for revenue obligations of the
City may change from time to time from those conditions prevailing at the time
of issuance of any series of Revenue Obligations and it is in the best interest of
the City to grant broad authority and flexibility to the Board of Finance in con-
nection with the issuance of the Revenue Obligations.

ORDINANCES 71

(G) The existence of a growing market for specially structured tax-exempt
obligations, as for example (i) structured in the form of short term commercial
paper, (ii) structured as bond anticipation notes or refunding notes, (iii) tied to an
interest rate or rates that vary with a defined or stated indicator or index or com-
binations thereof, (iv) utilizing zero coupon bonds or compound interest bonds, (v)
issued in connection with a sale lease-back transaction or a financing lease, (vi)
utilizing letters of credit or lines of credit and (vii) otherwise structured in a form
then responsive to the market, necessitates the establishment of procedures
which permit the City to utilize such a market for its obligations in addition to the
traditional tax-exempt markets. (The structures contemplated in this paragraph
are referred to herein as the "Market Structures".) In addition, the imposition of
requirements for the registration of all tax-exempt obligations necessitates the
authorization of alternative forms of registration which satisfy applicable laws
while permitting for some degree of flexibility.

(H) Private, negotiated sales are the primary and most efficient means of
marketing short term obligations, and in the absence of a determination by the
Board of Finance to the contrary as to a particular issue or series, sales of
Revenue Obligations pursuant to this Ordinance on a negotiated basis are in the
best public interest and will result in the lowest cost to the City.

Sec. 2. And he it further ordained, That:

(A) the issuance, sale and delivery of an aggregate principal amount of
Revenue Obligations, hereby designated "Project Revenue [or Refunding] Notes
(Ft. McHenry Tunnel Toll Facilities Project)," which, when issued, will result in
receipt by the City (fnclusive of Costs of Issuance, as defined herein) of not ex-
ceeding Twenty-five Million Dollars ($25,000,000) is hereby authorized for the
general public purposes of financing the Project Costs of the Toll Collection
Facilities, and repaying the City for amounts, expended for Project Costs of the
Toll Collection Facilities in anticipation of the issuance of the Revenue Obliga-
tions. This maximum amount may consist of (i) Revenue Notes, (ii) Refunding
Notes, or (iii) any combination of items (i) and (ii) above. Any Refunding Notes
issued hereunder to refund any Revenue Obligations previously issued hereunder
shall replace that portion of the authorized amount of Revenue Obligations
previously issued and shall not be deemed to reduce the maximum authorized
amount of Revenue Obligations permitted to be issued hereunder.

(B) The proceeds of the Revenue Obligations, shall be used for the purposes
described in Section 3 of this Ordinance. The Revenue Notes or the Refunding
Notes, as the case may be, may be issued in one or more series, and each such
series shall be identified by a year and a letter designation, so that the first series
in the year 1984 (if the issuance of more than one series of notes or bonds
hereunder is then contemplated) shall be designated, for example, "Project
Revenue Notes (Ft. McHenry Tunnel Toll Facilities Project), Series 1984- A",
unless another designation is determined in the Administrative Resolution. The
aggregate principal amount of Revenue Obligations to be issued pursuant to this
Ordinance at any one time shall be determined by the Board of Finance in the Ad-
ministrative Resolution. The resolution or resolutions adopted by the Board of
Finance pursuant to this Ordinance are collectively referred to herein as the "Ad-
ministrative Resolution".

72 ORDINANCES Ord. No. 26

Sec. 3. And be it further ordained, That:

(A) The net proceeds from the sale of the Revenue Notes authorized to be
issued and sold by this Ordinance, shall be used and applied for the public pur-
poses of (i) financing, in whole or in part, the Project Costs of the Toll Collection
Facilities (either directly or by repayment to the City, as provided in this Or-
dinance); (ii) funding capitalized interest on any series of the Revenue Notes to
the extent deemed necessary and in accordance with any limitation on the period
for such funding establishment by law; (iii) paying the Costs of Issuance of any
series of Revenue Notes; and (iv) funding any reserve funds, including reserves
for the Revenue Notes (to the extent provided by the Board of Finance), created
pursuant to this Ordinance and the Administrative Resolution.

(B) The net proceeds from the sale of the Refunding Notes authorized to be
issued and sold by this Ordinance, shall be used and applied for the public pur-
poses of (i) refinancing, restructuring, refunding or renewing, in whole or in part,
from time to time, any outstanding Revenue Notes or Refunding Notes, in-
cluding the payment of any redemption premium thereon; (ii) paying any
redemption premium in connection with obligations being refinanced or refunded
from the proceeds of the Refunding Notes; (iii) paying the Costs of Issuance of
any such series of Refunding Notes; and (iv) funding any reserve funds for the
Refunding Notes, including reserves for the payment of interest thereon (to the
extent provided by the Board of Finance), created pursuant to this Ordinance
and the Administrative Resolution.

(C) The net proceeds of any series of Revenue Obligations may be used to reim-
burse or repay to the City or any fund or account maintained by the City for
funds advanced by the Director of Finance pursuant to Article VII, Section 15(a)
of the Charter for Project Costs on Toll Collection Facilities.

Sec. 4. And be it further ordained, That:

(A) Prior to the delivery of any series of Revenue Obligations, the Board of
Finance shall adopt the Administrative Resolution, which shall prescribe, subject
to the Enabling Laws and this Ordinance, (i) the principal amount of Revenue
Obligations to be issued as a series at any one time, (ii) the date of issue of the
series of Revenue Obligations, (iii) the interest rat« or rates to be borne by the
series of Revenue Obligations, or the method by which such interest rate or rates
shall be computed, including the establishment of linrutations on the interest rate
or rates, beyond which further approvals of the Board of Finance are required,
(iv) the time periods and method of payment of interest on the Revenue Obliga-
tions, (v) the redemption provisions, if any, for the series of Revenue Obligations,
(vi) the maturity or maturities of the series of Revenue Obligations, (vii) the
denomination or denominations of any Revenue Obligations, (viii) the form, use
of registration and mechanics for payment of the Revenue Obligations, and (ix)
any other terms necessary or appropriate to reflect any matters provided in the
Administrative Resolution.

(B) The City hereby determines that under facts and circumstances now ex-
isting, it is in the best interest of the City to provide for the sale of the Revenue
Notes and the Refunding Notes by private negotiation, unless the Board of
Finance shall determine that a particular issue or series of Revenue Notes or
Refunding Notes shall be sold by competitive bidding. The Board of Finance is

ORDINANCES 73

hereby authorized to determine whether a particular issue or series of Revenue
Notes or Refunding Notes shall be sold by competitive bidding and any such
determination shall be set forth in the Administrative Resolution for any such
issue or series of notes.

(C) The Board of Finance is hereby authorized to adopt a master resolution
under which procedures are established to facilitate the prompt determination
and approval of one or more of the matters set forth above. Such procedures may
include telephonic approval and subsequent telegraphic or written confirmation
of one or more of such matters by a designated officer of the City if prescribed
guidelines or parameters set forth in the master resolution or any amendment
thereto, are not exceeded.

(D) The Board of Finance is further authorized to establish a procedure
whereby a variable or floating rate or rates can be utilized for any series of
Revenue Obligations, and to establish any necessary relations with a bank or
other appropriate institution to facilitate the payment of Revenue Obligations,
including (without limitation) the use of general or standby letters of credit, lines
of credit, bond insurance, dennand features, revolving loans or notes, loan
agreements, back up loan arrangements or notes or similar arrangements and
combinations thereof. If necessary, the Board of Finance may authorize the is-
suance, with or without immediate formal delivery, of a parallel series of
Revenue Obligations having an interest rate different from the initial series, as a
means of effecting a credit arrangement with a bank or other financial institu-
tion.

(E) The Board of Finance is further authorized to take such further or addi-
tional actions as are needed (i) to permit the issuance of Revenue Obligations in
the nature of commercial paper, (ii) to permit the use of book-entry obligations or
the issuance of denominations of Revenue Obligations which represent Revenue
Obligations of smaller demonination ("umbrella certificates"), or the use of any
system that does not result in the formal delivery of an instrument to each holder
of a Revenue Obligation or owner of any beneficial or partial interest therein, or
(iii) to utilize other Market Structures identified in this Ordinance or then
available.

(F) The Board of Finance may establish and maintain, or authorize the
establishment and maintenance by the Director of Finance of, a system of
registration of the Revenue Obligations which satisfies any applicable federal,
state or local laws. Among the alternative approaches to the registration require-
ment which the Board may consider are systems which incorporate, among other
considerations, the following:

(i) The selection of agents to assist the Director of Finance in the perform-
ance of functions as registrar and paying agent for the Revenue Obligations, in-
cluding the use of a depository or depository agent;

(ii) The issuance of Revenue Obligations in any denomination to represent
Revenue Obligations of smaller denomination;

(iii) The insertion of a date of actual issuance of a Revenue Obligation;

(iv) The use of a variety of formats or a standardized size and format for
the Revenue Obligations, and where authorized, facsimile signatures only;

74 ORDINANCES Ord. No. 26

(v) The establishment of a record date for determining ownership of the
Revenue ObHgations, in conjunction with an established interest payment date;

(vi) Provisions for the amendment, discontinuance or reinstatement of a
system;

(vii) Conversions of a system to some other system which does not adverse-
ly affect the exemption of interest paid on the Revenue Obligation from federal
income taxation;

(viii) Adoption by an officer of the City of the signature of a predecessor in
office as his own signature;

(ix) Provisions and benefits of any state legislation hereinafter adopted
that relates to the registration of obligations; and

(x) Procedures under which costs of the registration system are assessed or
assumed.

(G) The Board may authorize the use of a depository agent or transfer agent,
subject to such rules of eligibility as the Board may establish, including Securities
and Exchange Commission transfer agent turnaround rules, to hold blank or pre-
printed certificates, maintain records of ownership in umbrella certificates or
maintain a book-entry system under which no certificates or instruments are
delivered.

(H) If any official whose signature shall appear on any series of the Revenue
Obligations shall cease to be such official prior to the delivery of any series of
Revenue Obligations, or, in the event any such official whose signature shall ap-
pear on any series of Revenue Obligations shall have become such after the date
of issue thereof, the Revenue Obligations of such series shall nevertheless be
valid and legally binding obligations of the City in accordance with their terms.

(I) The Revenue Obligations shall be fully registered as to both principal and in-
terest in the name or names of the owner or owners thereof on books kept for
such purpose at the office of the Director of Finance of the City, City Hall,
Baltimore, Maryland 21202 or at such other office and in such other manner as
the Board of Finance may authorize which is consistent with applicable law. The
principal of the Revenue Obligations shall be payable at the office of the Director
of Finance of the City, unless a different place of payment is established by
resolution of the Board of Finance. The interest on the Revenue Obligations shall
be payable by the City by check or draft mailed to the registered owners thereof
at their respective addresses as they appear on the registration books of the City
for the Revenue Obligations. The Board of Finance by resolution may alter the
method of payment of either prinicipal or interest, or both.

(J) The Director of Finance of the City is hereby authorized to make such
changes in the form of Revenue Obligations as he shall deem necessary to effect
the purposes of this Ordinance or to comply with recommendations of legal
counsel, and the Director of Finance is hereby authorized to make such further
modifications in such form as will not alter the substance of such form, all such
modifications to be in accordance with and pursuant to the authority of the
Enabling Laws.

ORDINANCES 75

(K) Except as provided hereinafter or in ordinances or resolutions of the Mayor
and City Council of Baltimore adopted prior to the issuance and delivery of any
series of Revenue Obligations, or in resolutions of the Board of Finance (to the
extent authorized by this Ordinance), all Revenue Obligations shall be substan-
tially in the following form, with appropriate insertions as therein indicated or as
otherwise approved by the Board of Finance and with such modifications as may
be appropriate for Refunding Notes, which form is hereby adopted by the City
and all of the covenants and conditions therein contained are hereby made bind-
ing upon the City, including the promise to pay therein contained:

UNITED STATES OF AMERICA

STATE OF MARYLAND

MAYOR AND CITY COUNCIL OF BALTIMORE

Project Revenue Notes

(Ft. McHenry Tunnel Toll Facilities Project)

No $5,000

Dated

MAYOR AND CITY COUNCIL OF BALTIMORE (the "City"), a municipal
corporation organized and existing under the Constitution and laws of the State
of Maryland, hereby acknowledges itself indebted and, for value received, prom-
ises to pay to or registered assigns or legal representative, the

principal sum of

FIVE THOUSAND DOLLARS

ON (or at such time as hereinafter provided) upon presentation and sur-
render of this note and to pay interest thereon, from the date of this note until it
matures at the rate or rates hereinafter specified on , 19 , and (semi-
annually) (monthly) thereafter on the days of (and )

in each year by check or draft mailed to the registered owner hereof at his ad-
dress as it appears on the registration books of the Director of Finance of the
City, Note Registrar.

Both the principal of and interest on this note will be paid in lawful money of
the United States of America, at the time of payment. The principal of this note
shall be payable upon presentation hereof at the principal office of

This note shall be registered by the City upon the initial delivery hereof, in the
name of the initial registered owner, as shown in the space provided above and
on the registration books kept for that purpose at the office of the Note Registrar
and, thereafter, this note shall be transferable only by endorsement hereon by
the Director of Finance of the City to successive registered owners, and no such
transfer shall be valid unless made on the registration books by the registered
owner hereof in person or by his attorney duly authorized. Payment of this note
and the interest hereon shall be made only to the person shown hereon and on
such books to be the registered owner hereof on the date such payment is due.

76 ORDINANCES Qrd. No. 26

This note is one of a duly authorized issue of series of notes of the City ag-
gregating ($ ) in principal amount, which are of the denomina-
tion of Five Thousand Dollars ($5,000) each. These notes are numbered from one
consecutively upwards and are of like tenor except as to number and are issued
pursuant to Article II, subsection (50) of the Charter of Baltimore City, 1964
Revision, as amended.

It is hereby certified and recited that all conditions, acts and things required by
the Constitution or statutes of the State of Maryland and the Charter of the City
to exist, to have happened or to have been performed precedent to or in the is-
suance of this note, exist, have happened and have been performed, and that the
issuance of notes of which this is one, together with all other indebtedness of the
City, is within every debt and other limit prescribed by said Constitution or
statutes or Charter.

IN WITNESS WHEREOF, this note has been executed by the manual or fac-
simile signatures of the Mayor of the City and of the Director of Finance of the
City, and the corporate seal of the City has been impressed hereon, attested by
the manual signature of the Custodian or Alternate Custodian of the City Seal,
all as of the day of , 19

ATTEST MAYOR AND CITY COUNCIL

OF BALTIMORE

Custodian or Alternate Mayor

Custodian of the City Seal

Director of Finance

(L) The Administrative Resolution shall be deemed to be of an administrative
nature and shall take effect on and from the date of its passage.

Sec. 5. And be it further ordained, That:

(A) The Revenue Obligations (i) shall be payable solely and only from (1)
Pledged Revenues, (2) amounts in any reserve fund established by the Board of
Finance for payment of the principal of, premium on, if any, and interest on the
Revenue Obligations, including any investment earnings on any such fund (to the
extent provided by the Board of Finance), (3) unexpended proceeds of the
Revenue Obligations, including investment earnings on such proceeds (to the ex-
tent provided by the Board of Finance), and (4) other amounts legally available
therefor, and (ii) shall not ever constitute within the meaning of any constitu-
tional or charter provision or otherwise (a) an indebtedness of the City or any
other political subdivision of the State of Maryland within the meaning of Section
7 of Article II of the Constitution of Maryland, or (b) a charge against the general
credit or taxing powers of the City. The issuance of the Revenue Obligations
shall not constitute (directly, indirectly or contingently) an obligation, moral or
otherwise, of the State of Maryland or of any political subdivision thereof, in-

ORDINANCES 77

eluding the City, to levy or pledge any form of taxation whatever therefor for
their payment.

(B) The Pledged Revenues, amounts in any reserve funds established by the
Board of Finance for the payment of the principal of, premium on, if any, and in-
terest on the Revenue Obligations, including investment earnings on any such
fund (to the extent provided by the Board of Finance), and unexpended proceeds
of the Revenue Obligations, including investment earnings on such proceeds (the
"Pledged Amounts") are hereby pledged by the City to secure the repayment of
the principal of, premium on, if any, and interest on the Revenue Obligations,
subject to such limitations and restrictions as are established by the Board of
Finance, The City represents and warrants that the Pledged Amounts will be
free and clear of any pledge, lien, charge or encumbrance thereon or with respect
thereto prior to, or of equal rank with, the pledge created by this Ordinance. The
City covenants and agrees that it shall at all times, to the extent permitted by
law, defend, preserve and protect the pledge of the Pledged Amounts, and all the
rights of the holders of the Revenue Obligations under this Ordinance and the
Administrative Resolution against all claims and demands of all persons whom-
soever.

(C) The Board of Finance may, in the Administrative Resolution, establish such
arrangements or create such security devices as are appropriate to implement
the pledge and encumbrance of the Pledged Revenues, subject to the Enabling
Laws and this Ordinance.

(D) UPON PAYMENT IN FULL OF THE PRINCIPAL OF, PREMIUM ON,
IF ANY, AND INTEREST ON THE REVENUE OBLIGATIONS, AND PAY-
MENT OF ALL PROJECT COSTS AND COSTS OF ISSUANCE, ANY RE-
MAINING PLEDGED REVENUES SHALL BE PAJD OVER TO THE
GENERAL FUND OF THE CITY.

Sec. 6. And be it further ordained, That, the Board of Finance may establish
from the proceeds of the Revenue Obligations or the Pledged Revenues or any
other amounts whatsoever, one or more reserve funds for the Revenue Obliga-
tions, including (without limitation) a Debt Service Reserve Fund, which fund or
funds may be pledged to the payment of principal of, prenruum on, if any, and in-
terest on such notes and bonds in the event that the Pledged Amounts for any
year are insufficient to pay the principal of, premium on, if any, and interest on
the Revenue Obligations for such year. This section shall not be deemed to
preclude establishment of other reserve funds, the amounts in which are not
Pledged Amounts, in connection with the Revenue Obligations.

Sec. 7. And be it further ordained, That, the City shall not, except as provided
in the Administrative Resolution, directly or indirectly extend or assent to the
extension of the maturity of any of the Revenue Obligations or the time of pay-
ment of any of the coupons or claims for interest on such Revenue Obligations.
Nothing in this Section shall be deemed to limit the right of the City to issue
Refunding Obligations and such issuance shall not be deemed to constitute an ex-
tension of maturity of the Revenue Obligations or an extension of the time of
payment of any coupons or claims for interest on the Revenue Obligations.

Sec. 8. And be it further ordained. That, the City covenants that it will not
amend, seek to amend or have amended any existing law, the City Charter or

78 ORDINANCES Ord. No. 26

current City procedures in any manner which would cause the covenants of the
City contained in this Ordinance to be abrogated or breached. The City
recognizes and acknowledges that its covenants with the holders of any Revenue
Obligations are binding upon the City notwithstanding any change in applicable
law, the Charter or current City procedures.

Sec. 9. And be it further ordained, That, unless otherwise authorized under ap-
plicable law, all Revenue Obligations shall be executed in the name of the Mayor
and City Council of Baltimore and on its behalf by the manual or facsimile
signature of the Mayor of the City and of the Director of Finance of the City and
the corporate seal of the City shall be imprinted thereon, attested by the manual
signature of the Custodian or the Alternate Custodian of the Seal of the City.
However, if the Board of Finance finds that the nature of a transaction requires
the use of a different manner of executing the Revenue Obligations which is
nonetheless authorized under applicable law, the Board may by resolution
establish a procedure to permit the use of uncertificated Revenue Obligations, in-
cluding book-entry or umbrella certificates, or to permit the trustee for the
Revenue Obligations, or a responsible trust company or other duly authorized
trustee, depository, issuing agent or paying agent, to maintain an inventory of
blank Revenue Obligations previously imprinted and signed, available for
delivery to purchasers of Revenue Obligations under conditions which require
prompt action and delivery.

Sec. 10. And be it further ordained, That, the proceeds from the sale of the
Revenue Obligations shall be paid to the Director of Finance for immediate
deposit with the Trustees for the Revenue Obligations. The Trustee shall invest
and disburse such proceeds in accordance with the Enabling Laws, this Or-
dinance and the Administrative Resolution.

Upon presentation to the Trustee of the appropriate vouchers therefor, as pro-
vided in the Administrative Resolution, the Trustee shall pay, from the proceeds
of each series of Revenue Obligations in his hands, all expenses incurred in the is-
suance of such series of notes or bonds, including, without limitation, costs of
engraving, printing, advertising, attorneys' fees, underwriting discount, place-
ment fees, consultants' fees, bond insurance fees, rating agency fees, initial fees
for letters of credit or lines of credit, initial fees of the Trustee (as hereinafter
defined) and all other incidental expenses connected therewith (collectively re-
ferred to herein as the "Costs of Issuance"). Nothing shall prevent the payment
by the City of any underwriting discount or placement fee payable in connection
with any series of Revenue Obligations by the deduction by the underwriters or
placement agents of an amount equal to the discount or placement fee from the
offering price of such series of Revenue Obligations.

The Trustee shall credit to a special account on its books the amount, if any, of
the proceeds of each series of Revenue Obligations designated as capitalized in-
terest on such series of obligations.

Prior to expenditure of the proceeds of any series of Revenue Obligations, the
same or any part thereof may be invested by the Trustee, in accordance with the
Administrative Resolution and within any limitation and in the manner provided
by law. Upon presentation to the Trustee of appropriate requests therefor, as
provided in the Administrative Resolution, the Trustee shall pay to the Director

ORDINANCES 79

of Finance from the proceeds of any series of Revenue Obligations, amounts for
any of the purposes specified in this Ordinance and in the Administrative Resolu-
tion.

Sec. 11. Ajid be it further ordained, That, authority is hereby conferred on the
Board of Finance, to take the following actions and to make the following com-
mitments on behalf of the City:

(1) to determine and set forth the form, terms, provisions (including redemp-
tion provisions and sinking fund requirements, if any), manner or method of issu-
ing and selling (including negotiated or competitive bid sale) and the time or
times of issuance and any and all other details of the Revenue Obligations;

(2) to prepare and distribute, in conjunction with the prospective underwriters
or placement agents, if any, for the Revenue Obligations, preliminary and final
official statements or placement memoranda or circulars as the Board of Finance
deems necessary and appropriate in connection with the sale of the Revenue
Obligations; provided, however, that any such preliminary official statements or
placement memoranda or circulars shall be clearly marked to indicate that they
are subject to completion and amendment;

(3) to determine the dates, times and places when an underwriting or place-
ment agreement or purchase contract shall be subniitted by the underwriters or
placement agents for the Revenue Obligations or purchasers of the Revenue
Obligations, such underwriting or placement agreement or purchase contract to
specify the interest rate or rates proposed to be paid on the Revenue Obligations
or the method of computing interest rates, the price at which such Revenue
Obligations are to be sold to such underwriters, placement agents or purchasers,
and such other matters as the underwriters, placement agents or purchasers and
the Board of Finance may deem necessary or desirable in order to effect the sale
and delivery of the Revenue Obligations;

(4) to determine the interest rate or rates to be paid by the City on the Revenue
Obligations in accordance with the proposed underv^iting or placement agree-
ment or purchase contract submitted by the underwriters or placement agents
for the Revenue Obligations or purchasers of the Revenue Obligations;

(5) to appoint, as the Board of Finance deems necessary and appropriate, a
bank having trust powers, or a trust company, as trustee for the Revenue Obliga-
tions (The "Trustee");

(6) to approve the form of trust agreements between the City and the Trustee
(which may be the Administrative Resolution), which trust agreements may (i)
pledge or assign all or any part of the security for the Revenue Obligations so
long as such provisions are consistent with the covenants contained in this
Ordinance and the Administrative Resolution, (ii) contain reasonable and proper
provisions for the protection and enforcement of the rights and remedies of the
holders of the Revenue Obligations, (iii) set forth the rights and remedies of the
holders of the Revenue Obligations and any Trustee and may restrict the in-
dividual right of action by the holders of the Revenue Obligations and (iv) contain
whatever other provisions are deemed reasonable and proper for the security of
the holders of the Revenue Obligations;

80 ORDINANCES Ord. No. 26

(7) to approve the form of any agreements with a depository or transfer agent
or registrar agent; and

(8) to approve the form of any agreement by the terms of which the City
derives or will derive Pledged Revenues, including the Project Disposition
Agreement.

The Board of Finance shall perform any and all actions necessary or deemed
appropriate by such Board in order to effect the issuance and sale of the Revenue
Obligations in accordance with and pursuant to this Ordinance and the under-
writing or placement agreements or purchase contracts for the Revenue Obliga-
tions.

Sec. 12. And be it further ordained, That, prior to the sale of the Revenue
Obligations, the Board of Finance, unless the City shall otherwise prescribe, may
determine by resolution:

(1) the provisions of trust between the City and the Trustee;

(2) the manner of execution, authentication, registration and transfer of the
Revenue Obligations;

(3) provisions for authentication and delivery of the Revenue Obligations;

(4) the terms of any private insurance, public insurance or any other security
for the Revenue Obligations;

(5) provisions for creation, holding and disbursement of any funds and accounts
to be held by the Trustee or the Director of Finance;

(6) provisions for the obtaining, securing application and use of the Pledged
Revenues and the Pledged Amounts;

(7) provisions for the security for and investment of moneys held by the
Trustee or the Director of Finance;

(8) the details of the procedure for any redemption of the Revenue Obligations;

(9) remedies for holders of the Revenue Obligations in the event of default;

(10) the duties, rights and immunities of the Trustee;

(11) the manner of execution of instruments by holders of the Revenue Obliga-
tions and the method of proof of ownership of the Revenue Obligations;

(12) provisions for modification of this Ordinance, including amendment of this
Ordinance to increase the aggregate amount of Revenue Obligations authorized
hereunder;

(13) provisions for defeasance of the Revenue Obligations;

(14) the forms of the Revenue Obligations, coupons and the Trustee's authen-
tication certificate; and

(15) such other matters in connection with the authorization, issuance, securi-
ty, sale and payment of the Revenue Obligations as may be deemed appropriate
by the Board of Finance.

ORDINANCES 81

Any resolution or resolutions adopted pursuant to this Ordinance shall be
deemed to be of an administrative nature.

Sec. 13. And be it further ordained, That, the Board of Finance may by resolu-
tion approve the renewal, restructuring, extension or modification of the terms
of the Revenue Obligations, without the formal issuance of Refunding Obliga-
tions, and with the benefit of the terms of this Ordinance, provided such action is
otherwise consistent with the terms of this Ordinance. In connection with the is-
suance of the Revenue Obligations, the City may find it necessary or appropriate
to purchase the Revenue Obligations and hold them for resale rather than to have
such purchase serve as a redemption of the Revenue Obligations. The Board of
Finance may provide for such purchase, include any appropriate provisions in the
form of Revenue Obligation to that effect, and provide that purchase of the
Revenue Obligations by the City shall not be deemed a redemption unless other-
wise indicated by the City by cancellation of the Revenue Obligation or other-
wise.

Sec. 14. And be it further ordained, That, the Board of Finance may, prior to
the implementation of any financing program described herein, select and retain
legal counsel to assist in the establishment of the program and to perform such
services as are necessary or desirable in connection therewith.

Sec. 15. And be it further ordained, That, although this Ordinance provides
for, and the Administration Resolution shall provide for, a pledge of the Pledged
Amounts with respect to the Revenue Obligations, nothing in this Ordinance
shall be deemed to preclude a pledge, with respect to the Revenue Obligations, of
revenues of and amounts held in other funds, accounts, facilities or ar-
rangements if authorized by applicable law.

Sec. 16. And be it further ordained, That, if any action or any matter delegated
to the Board of Finance, or authorized for implementation by the Board of
Finance, shall not be acted upon the Board of Finance, such actions and matters
may be acted upon or implemented by a resolution approved by the City Council
of the City, which is subsequently approved by the Mayor or acting Mayor of the
City.

Sec. 17. And be it further ordained, That, the Mayor and the Chief, Bureau of
Treasury Management shall be two of the officers of the City responsible for the
issuance of the Revenue Obligations within the meaning of Section 103(c) of the
Internal Revenue Code of 1954, as amended ("Section 103(c)") and the applicable
regulations thereunder (the "Arbitrage Regulations"). The Mayor and the Chief,
Bureau of Treasury Management shall also be the officers of the City responsible
for the execution and delivery (on the date of issuance of each series of Revenue
Obligations) of a certificate of the City (the "Section 103(c) Certificate") which
complies with the requirements of Section 103(c) and the Arbitrage Regulations,
and such officials are hereby authorized and directed to execute the Section
103(c) Certificate and to deliver the same to Bond Counsel on the date of the is-
suance of each series of Revenue Obligations.

The City shall set forth in the Section 103(c) Certificate its reasonable expecta-
tions as to relevant facts, estimates and circumstances relating to the use of the

82 ORDINANCES Ord. No. 26

proceeds of the series of Revenue Obligations, or of any monies, securities or
other obhgations to the credit of any account of the City which may be deemed to
be proceeds of the series of Revenue Obligations pursuant to Section 103(c) or
the Arbitrage Regulations (collectively, "Revenue Obligation Proceeds"). The
City covenants with each of the holders of any of the Revenue Obligations that (i)
the facts, estimates and circumstances set forth in the Section 103(c) Certificate
will be based on the City's reasonable expectations on the date of issuance of the
series of Revenue Obligations and will be, to the best of the certifying officials'
knowledge, true and correct, as of that date.

The City covenants with each of the holders of any of the Revenue Obligations
that it will not make, or (to the extent that it exercises control or direction) per-
mit to be made, any use of the Revenue Obligation Proceeds which would cause
the Revenue Obligations to be "arbitrage bonds" within the meaning of Section
103(c) and the Arbitrage Regulations. The City further covenants that it will
comply with Section 103(c) of the Internal Revenue Code of 1954, as amended,
and the regulations thereunder which are applicable to the Revenue Obligations
on the date of issuance of the notes and which may subsequently lawfully be
made applicable to the Revenue Obligations.

Sec. 18. And be it further ordained, That, the covenants of the City contained
in this Ordinance shall be for the benefit of the holders of the Revenue Obliga-
tions from time to time and shall be enforceable by such holders, subject to any
limitations set forth in the Administrative Resolution.

Sec. 19. And be it further ordained, That, the provisions of this ordinance are
severable, and if any provision, sentence, clause, section or part hereof is held il-
legal, invalid or unconstitutional or inapplicable to any person or circumstances,
such illegality, invalidity or unconstitutionality, or inapplicability shall not affect
or impair any of the remaining provisions, sentences, clauses, sections, or parts
of this ordinance or its application to other persons or circumstances. It is hereby
declared to be the legislative intent that this ordinance would have been adopted
if such illegal, invalid or unconstitutional provision, sentence, clause, section or
part had not been included herein, and if the person or circumstances to which
this ordinance or any part thereof is inapplicable had been specifically exempted
herefrom.

Sec. 20. And be it further ordained, That, this Ordinance shall take effect from
the date of its passage.

Approved March 14, 1984

WILLIAM DONALD SCHAEFER, Mayor.

ORDINANCES 83

No. 27
(Council No. 90)

AN ORDINANCE concerning .

IMPOUNDING AREA-ELLICOTT STREET

FOR the purpose of designating both sides, from Water Street to Lombard
Street, of Ellicott Street, as an impounding area.

By adding

Article 3 1 - Transit and Traffic

Section 105(1 1/2)

Baltimore City Code (1983 Replacement Volume)

Section I. Be it ordained by the Mayor and City Council of Baltimore, That
Section(s) of the Baltimore City Code (1983 Replacement Volume) be added,
repealed, or amended to read as follows:

ARTICLE 31 -TRANSIT AND TRAFFIC
Impounding Areas
105. E Streets.
(1 1/2) Ellicott Street, both sides from Water Street to Lombard Street.

Sec. 2. And be it further ordained, That this ordinance shall take effect thirty
days from the date of its passage.

Approved March 16, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 28
(Council No. 16)

AN ORDINANCE concerning

CITY PROPERTY -SALE

FOR the purpose of authorizing the Mayor and City Council of Baltimore to sell
at either public or private sale all of the interest of the Mayor and City Council
of Baltimore in and to a certain parcel of land no longer needed for public use,
located at the northeast corner of Ivymount Road and Rogene Drive,
Baltimore, Maryland, containing 241,771.06 square feet or 5.5503 acres of
land, more or less.

84 ORDINANCES Ord. No. 28

BY authority of

Article V -Comptroller

Section 5(b)

Baltimore City Charter (1964 Revision, as amended)

Section \. Beit ordained by the Mayor and City Council of Baltimore, That
the Comptroller of Baltimore City be and he is hereby authorized to sell at either
public or private sale in accordance with Article V, Section 5(b) of the City
Charter, all of the interest of the Mayor and City Council of Baltimore in and to a
certain parcel of land situate in Baltimore, Maryland, and described as follows:

Beginning for the same at the intersection of the northeast corner of Ivy-
mount Road, 50 feet wide, and Rogene Drive, 50 feet wide, running thence
and binding on the northeast side of Ivymount Road the three following
courses and distances, viz: (1) North 5 degrees 57 minutes 20 seconds West
26.73 feet, (2) northwesterly by a line curving to the left with a radius of 1,035
feet for a distance of 362.09 feet (the chord of said arc being North 15 degrees
58 minutes 40 seconds West 360.24 feet) and (3) North 26 degrees 00 minutes
00 seconds West 21.11 feet, thence leaving Ivymount Road, herein referred to,
North 89 degrees 06 minutes 10 seconds East 70.00 feet to the end of the 8th
line of the land which by Deed dated December 1, 1950 and recorded among
the Land Records of Baltimore City in Liber M.L.P. No. 8296, Folio 419 was
conveyed by The Culmor Company to The Bonnie View Country Club, Inc.,
thence binding on the 8th line reversely and in part North 87 degrees 59
minutes 06 seconds East 739.32 feet, thence leaving said line South 00 degrees
43 minutes 50 seconds East 205.00 feet to the North side of Rogene Drive,
secondly herein referred to, thence binding on the North side of Rogene Drive
the four following courses and distances, viz: (1) southwesterly by a line curv-
ing to the left with a radius of 1,210 feet for a distance of 182.30 feet (the
chord of said arc being South 68 degrees 50 minutes 08 seconds West 182.13
feet), (2) South 64 degrees 31 minutes 10 seconds West 95.00 feet, (3)
southwesterly by a line curving to the right with a radius of 1,054.53 feet for a
distance of 359.36 feet (the chord of said arc being South 74 degrees 16
minutes 55 seconds West 357.62 feet) and (4) South 84 degrees 02 minutes 40
seconds West 100.97 feet to the place of beginning.

Containing 241,771.06 square feet or 5.5503 acres of land, more or less.

All courses and distances in the above description are referred to the true meri-
dian as adopted by the Baltimore Survey Control System.

Said property being no longer needed for public use.

Sec. 2. And be it further ordained, That no deed or deeds shall pass in accord-
ance herewith until the same shall have been first approved by the City Solicitor.

Sec. 3. And be it further ordained, That this ordinance shall take effect from
the date of its passage.

Approved March 26, 1984

WILLIAM DONALD SCHAEFER, Mayor.

ORDINANCES 85

No. 29

(Council No. 74)

AN ORDINANCE concerning

EMPLOYEES' RETIREMENT SYSTEM

FOR the purpose of providing that members of the Employees' Retirement
System and beneficiaries of deceased members who retired between Janu-
ary 1, 1926 and April 18, 1974 shall have their pensions determined on the
average final compensation of three consecutive years of service in which the
compensation was highest rather than five consecutive years of service; and
providing for the prospective application of this ordinance.

BY adding to

Article 22 - Retirement Systems

Subtitle -Employees' Retirement System

Section l(ll-b)

Baltimore City Code (1983 Replacement Volume)

Section \. Be it ordained by the Mayor and City Council of Baltimore, That
Section(s) of the Baltimore City Code (1983 Replacement Volume) be added,
repealed, or amended, to read as follows:

ARTICLE 22 -RETIREMENT SYSTEMS

Employees' Retirement System

1. Definitions.

(U-B) BEGINNING WITH THE FIRST DA Y OF THE FIRST FULL PA Y
PERIOD jiFTER JULY 1, 1984, ANY MEMBER WHO RETIRED BETWEEN
JANUARY 1, 1926 AND APRIL 18. 197^, OR THE MEMBER'S
BENEFICIARY, SHALL HAVE THE RETIREMENT ALLOWANCE POR-
TION OF THE TOTAL RETIREMENT BENEFIT RECALCULATED ON
THE MEMBERS AVERAGE FINAL COMPENSATION AS DEFINED IN
SUBSECTION (11) OF SECTION 1. THE TOTAL DIFFERENCE BETWEEN
THE AVERAGE FINAL COMPENSATION CALCULATED AT THE TIME
OF RETIREMENT AND THE CALCULATION BASED ON AVERAGE
FINAL COMPENSA TION BASED ON 3 YEARS SHALL BE ADDED TO THE
PRESENT ANNUAL ALLOWANCE BEING RECEIVED-,. HOWEVER, NO
RETROACTIVE PA YMENTS FOR ANY INCREASES SHALL BE MADE TO
ELIGIBLE BENEFICIARIES OF DECEASED MEMBERS AND MEMBERS
RETIRED BEFORE APRIL 19. 1971,.

Sec. 2. And be it further ordained. That this ordinance shall take effect July 1,
1984.

Approved March 26, 1984

WILLIAM DONALD SCHAEFER, Mayor.

86 ORDINANCES Ord. No. 30

No. 30

(Council No. 113)

AN ORDINANCE concerning

CITY STREET-OPENING OF WATER STREET

FOR the purpose of condemning and opening Water Street, varying in width, ex-
tending from Grant Street, southwesterly to ElHcott Street in accordance
with a plat thereof numbered 338- A- 18, prepared by the Surveys and Records
Division and filed in the Office of the Department of Public Works, on the Six-
teenth (16th) day of January, 1984.

BY authority of

Article I -General Provisions

Section 4

Article II -General Provisions

Sections- 2, 34, 35

Baltimore City Charter (1964 Revision, as amended).

Section \. Be it ordained by the Mayor and City Council of Baltimore, That
the Department of Public Works, be and they are hereby authorized and directed
to condemn and open Water Street, varying in width, extending from Grant
Street, southwesterly to Ellicott Street the street hereby directed to be con-
demned for said opening being described as follows:

Beginning for the same at the point formed by the intersection of the north-
west side of Water Street, varying in width and the west side of Grant Street,
as now laid out, and running thence binding on the west side of said Grant
Street, Southerly 24 feet, more or less, to intersect the southeast side of said
Water Street; thence binding on the southeast side of said Water Street,
Southwesterly 49 feetj- , more or less, to intersect the east side of Ellicott
Street, as now laid out; thence by a straight line, Northwesterly 33 feet, more
or less, to the point formed by the intersection of the northwest side of said
Water Street and the west outline of the property known as No. 108/110
Water Street and thence binding on the northwest side of said Water Street,
Northeasterly 68 feet, more or less, to the place of beginning.

the said Water Street as directed to be condemned being more particularly
described and referred to among the Land Records of Baltimore City and
delineated and particularly shown on a plat numbered 338-A-18 which was filed
in the Office of the Department of Public Works on the Sixteenth (16th) day of
January, in the year 1984 and is now on file in said Office.

Sec. 2. And be it further ordained, That the proceedings of said Department of
Public Works, with reference to the condemnation and opening of said Water
Street and the proceedings and rights of all parties interested or affected
thereby, shall be regulated by, and be in accordance with, any and all applicable
provisions of Article 4 of the Code of Public Local Laws of Maryland and the
Charter of Baltimore City (1964 Revision) as amended to July 1, 1973 and any
and all amendments thereto, and any and all other Acts of the General Assembly
of Maryland, and any and all ordinances of the Mayor and City Council of

ORDINANCES 87

Baltimore, and any and all rules or regulations in effect which have been adopted
by the Director of Public Works and filed with the Department of Legislative
Reference.

Sec. 3. And be it further ordained, That this Ordinance shall take effect from
the date of its passage.

Approved March 26, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 31
(Council No. 114)

AN ORDINANCE concerning

CITY STREET-CLOSING OF WATER STREET

FOR the purpose of condemning and closing Water Street, varying in width, ex-
tending from Grant Street, southwesterly to Ellicott Street in accordance
with a plat thereof numbered 336 - A - 18 338- A- 18 A, prepared by the Surveys

and Records Division and filed in the Office of the Department of Public Works,

on the Sixteenth (16th) day of January, 1984.

BY authority of

Article I -General Provisions

Section 4

Article II -General Provisions

Sections -2, 34, 35

Baltimore City Charter (1964 Revision, as amended).

Section \. Be it ordained by the Mayor and City Council of Baltimore, That
the Department of Public Works, be and they are hereby authorized and directed
to condemn and close Water Street, varying in width, extending from Grant
Street, southwesterly to Ellicott Street the street hereby directed to be con-
demned for said closing being described as follows:

Beginning for the same at the point formed by the intersection of the north-
west side of Water Street, varying in width and the west side of Grant Street,
as now laid out, and running thence binding on the west side of said Grant
Street, Southerly 24 feet, more or less, to intersect the southeast side of said
Water Street; thence binding on the southeast side of said Water Street,
Southwesterly 49 feetj- , more or less, to intersect the east side of Ellicott
Street, as now laid out; thence by a straight line. Northwesterly 33 feet, more
or less, to the point formed by the intersection of the northwest side of said
Water Street and the west outline of the property known as No. 108/110
Water Street and thence binding on the northwest side of said Water Street,
Northeasterly 68 feet, more or less, to the place of beginning.

88 ORDINANCES Ord. No. 31

the said Water Street as directed to be condemned being more particularly
described and referred to among the Land Records of Baltimore City and
deUneated and particularly shown on a plat numbered 338-A-18A which was filed
in the Office of the Department of Public Works on the Sbcteenth (16th) day of
January, in the year 1984 and is now on file in said Office.

Sec. 3. And be it further ordained, That no building or structures of any kind
shall be constructed or erected in said portion of said highway or highways after
the same shall have been closed under the provisions of this Ordinance until the
subsurface structures and appurtenances now owned by the Mayor and City
Council of Baltimore, over which said buildings or structures are proposed to be
constructed or erected shall have been abandoned or shall have been removed
and relaid in accordance with the specifications and under the direction of the
Director of Public Works of Baltimore City, and at the expense of the person or
persons or body corporate desiring to erect such buildings or structures. Railroad
tracks shall be taken to be "structures" within the meaning of this section.

Sec. i. And be it further ordained, That after said highway or highways shall
have been closed under the provisions of this Ordinance, all subsurface struc-
tures and appurtenances owned by any person, firm or corporation, other than
the Mayor and City Council of Baltimore, shall upon notice from the Director of
Public Works of Baltimore City, be promptly removed by and at the expense of
the said owners.

Sec. 5. And be it further ordained, That on and after the closing of said
highway or highways, the said Mayor and City Council of Baltimore, acting
through its duly authorized representatives, shall, at all times, have access to
said property and to all subsurface structures and appurtenances used by it
therein, for the purposes of inspection, maintenance, repair, alteration, reloca-
tion and/or replacement, of any or all of said structures and appurtenances, and
this without permission from or compensation to the owner or owners of said
land.

Sec. 6. And be it further ordained, That the proceedings of said Department of
Public Works with reference to the condemnation and closing of said Water
Street and the proceedings and rights of all parties interested or affected
thereby, shall be regulated by, and be in accordance with, any and all applicable
provisions of Article 4 of the Code of Public Local Laws of Maryland and the
Charter of Baltimore City (1964 Revision) as amended to July 1, 1973 and any

ORDINANCES 89

and all amendments thereto, and any and all other Acts of the General Assembly
of Maryland, and any and all ordinances of the Mayor and City Council of
Baltimore, and any and all rules or regulations in effect which have been adopted
by the Director of Public Works and filed with the Department of Legislative
Reference.

Sec. 7. And be it further ordained, That this Ordinance shall take effect from
the date of its passage.

Approved March 26, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 32
(Council No. 188)

AN ORDINANCE concerning

EMINENT DOMAIN -COLTS FOOTBALL CLUB

FOR the purpose of authorizing the Mayor and City Council of Baltimore to ac-
quire by purchase or condemnation any and all rights, titles, and interests
necessary or convenient to retain in Baltimore City the professional football
club known as the Colts; to dispose of the same, and relating generally to the
foregoing.

BY authority of

Article II -General powers

Sections 2, 15 and 47

Baltimore City Charter (1964 Revision as Amended)

FINDINGS AND DECLARATIONS

The Mayor and City Council of Baltimore finds and declares. That

1. The Mayor and City Council of Baltimore (the "City") has engaged in an ex-
tensive program of economic and urban development and redevelopment,

2. An integral part of this program has been the establishment of tourist at-
tractions and facilities, including, without limitation, the construction of the Con-
vention Center, financial assistance and other aid for Development of new hotel
accommodations and for the renovation of existing hotel accommodations.

3. The existence of a number of teams engaged in professional sports within
Baltimore City has had a salutary effect on the welfare of the inhabitants of this
City and contributed substantially both directly and indirectly, to the economic
development and general welfare of Baltimore City.

90 ORDINANCES Ord. No. 32

4. It is in the furtherance of the public interest that such teams continue to
operate in Baltimore City and represent the City in the several leagues or
associations devoted to professional sports.

5. Irreparable harm and injury would result to the City if it were to lose the
team representing the City in the National Football League.

6. The Constitution and By-Laws of the National Football League prohibit
municipal ownership and operation of a National Football League franchise, but
does not preclude the City from acquiring the franchise and all rights incidental
thereto and transferring the same to private entities.

7. It is necessary for the City to acquire the National Football League franchise
rights now owned or exercised by the Baltimore Colts, as well as all other mat-
ters and things necessary and appropriate to the ownership and operation of
such a franchise, in order that they may be transferred to an entity which will
assure the City of continued representation in the National Football League.

Section I. Be it ordained by the Mayor and City Council of Baltimore, That
the City is authorized to acquire by purchase or condemnation and to dispose of
any and all of the following incidents of ownership and operation of any entity or
entities (collectively the "Entity") franchised by the National Football League to
operate a professional football club in Baltimore City, where the Entity has in
fact operated such a football club in Baltimore City from or after January 1,
1983:

1. Franchise and other rights granted by the National Football League to the
Entity;

2. All contract rights of the Entity including, without limitation, contracts for
personal services; and contracts for provision of goods and services to the Entity
or from the Entity;

3. All licenses, easements, grants, and negotiating rights belonging to the
Entity;

4. All indicia of ownership including, without limitation, shares of stock,
general partnership interests and limited partnership interests in the Entity;

5. All leases, agreements and rights in real property used or useful in the
operation of a National Football League and owned by the Entity;

6. All other rights and interests of any kind or nature whatsoever necessary
and appropriate to the ownership and operation of a National Football League
professional football club, owned by the Entity or to which the Entity may have a
future claim or right.

Sec. 2. And be it further ordained, That the Mayor of Baltimore City, or such
other person authorized by law, shall exercise the power hereby granted in the
manner provid^ed by law.

Sec. 3. And be it further ordained, That in the event it be judicially deter-
mined, that any word, phrase, clause, sentence, paragraph, section or part in or
of this ordinance, or the application thereof to any person or circumstance, is in-
valid, the remaining provisions and the application of such provisions to other

ORDINANCES 91

persons or circumstances shall not be affected thereby, the Mayor and City
Council hereby declaring that they would have ordained the remaining provisions
of this ordinance without the word, phrase, clause, sentence, paragraph, section
or part of the application thereof so held invalid.

Sec. 4. And be it further ordained, That this ordinance shall take effect from
the date of its passage.

Approved March 30, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 33
(Council No. 18)

AN ORDINANCE concerning

FARMERS' MARKETS

FOR the purpose of prohibiting sales of food and goods within 300 feet of
farmers' markets; providing for an exception for businesses located within 300
feet of a farmers' market; defining certain terms; providing a penalty; and
generally relating to sales of food and goods within 300 feet of farmers'
markets.

By adding to:

Article 19- Police Ordinances

Subtitle -Street Regulations

Section 165 A

Baltimore City Code (1983 Replacement Volume)

Section I. Be it ordained by the Mayor and City Council ofBaltiivx>re, That
section(s) of the Baltimore City Code (1983 Replacement Volume) be added,
repealed, or amended to read as follows:

■ Article 19 -Police Ordinances
Street Regulations

Sales Near Farmers' Markets
165A. Sales near farmers' markets - prohibited.

(a) A person shall not sell any food, goods, mares, or merchandise on any alley,
sidewalk, or street within 300 feet of the perimeter of any farmers' market
authorized by the Commissioner of Housing and Community Development when
the farmers' market is in operation.

(b) (1) Alley, sidewalk, and street shall be defined as those terms are defined in
Article 31, Transit and Traffic. Section 28 in the Baltimore City Code (1983
Replacement Volume).

92 ORDINANCES Ord. No. 34

(2) Person means any individual, partnership, firm, association, corpora-
tion, joint venture, or any other business entity. Person also means any person
who is licensed to sell food or goods on public streets, sideunilks, or alleys by the
City of Baltimore or the State of Maryland.

(c) The provisions of this section shall not apply to persons who operate
businesses located in permanent structures within SOO feet of farmers' markets.

(d) Any person who violates the provisions of this section shall be guilty of a
misdemeanor and upon conviction shall be fined not more than $1,000 for each
violation.

Sec. 2. And be it further ordained, That this ordinance shall take effect 30 days
from the date of its passage.

Approved March 29, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 34
(Council No. 156)

AN ORDINANCE concerning

SINGLE-FAMILY MORTGAGE REVENUE BONDS
(BALTIMORE CITY LOAN PROGRAM)

FOR the purpose of authorizing and providing for the amendment of Ordinance
No. 1040, approved May 24, 1979, as amended by Ordinance No. 1211, ap-
proved November 30, 1979, as amended by Ordinance No. 147, approved
September 2, 1980, relating to the authorization of issuance by the Mayor and
City Council of Baltimore (the "City") of its revenue bonds designated "Single-
Family Mortgage Revenue Bonds (Baltimore City Loan Program)" in the ag-
gregate principal amount not exceeding $100,000,000 to amend a recital of
such Ordinance to permit use of mortgage loan proceeds to finance the pur-
chase by a tenant of a residential apartment building converted to con-
dominium units if the tenant, at the time of conversion, occupied an apartment
unit in the building or complex converted to condominiums.

RECITALS

The Mayor and City Council of Baltimore (the "City") adopted Ordinance No.
1040; approved May 24, 1979, as amended by Ordinance No. 1211, approved
November 30, 1979, as amended by Ordinance No. 147, approved September 2,
1980, relating to the authorization of issuance by the City of its revenue bonds
designated "Single-Family Mortgage Revenue Bonds (Baltimore City Loan Pro-
gram)". Item I of the Recitals of such Ordinance stated that the City had deter-
mined not to use proceeds of the Bonds for mortgage loans made for financing
conversion of existing residential apartments to condominium units. The City

ORDINANCES 93

has determined that financing of purchases by existing tenants in existing apart-
ment buildings converted to condominiums is necessary and appropriate to effect
the proper operation of the mortgage loan program and the desire of the City to
meet its housing objectives.

Section I. Be it ordained by the Mayor and City Council of Baltimore, That
Item I of the Recitals of Ordinance No. 1040, approved May 24, 1979, as amend-
ed by Ordinance No. 1211, approved November 30, 1979, as amended by Or-
dinance No. 147, approved September 2, 1980, is hereby repealed, amended or
enacted to read as follows:

The City has determined not to use proceeds of the Bonds for mortgage loans
made for financing conversion of existing residential apartments to con-
dominium units except to finance the purchase by a tenant of a residential apart-
ment building converted to condominium units if the tenant, at the time of con-
version, occupied an apartment unit in the building or complex converted to con-
dominiums.

Sec. 2. And be it further ordained, That this Ordinance shall take effect from
the date of its passage.

Approved March 29, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 35
(Council No. 48)

AN ORDINANCE concerning

REZONING-412-20 WEST REDWOOD STREET

FOR the purpose of changing the zoning for the properties known as 412-20
West Redwood Street from the M-1-3 Zoning District to the B-4-2 Zoning
District as outlined in red on the plats accompanying this ordinance.

BY amending Zoning District Maps
Sheet No. 55
Article 30 -Zoning
Baltimore City Code (1983 Replacement Volume)

Section I. Be it ordained by the Mayor and City Council of Baltimore, That
Sheet No. 55 of the Zoning District Maps of Article 30 of the Baltimore City Code
(1983 Replacement Volume) title "Zoning" be and it is hereby amended by chang-
ing from the M-1-3 Zoning District to the B-4-2 Zoning District the properties
known as 412-20 West Redwood Street as outlined in red on the plats accom-
panying this ordinance.

94 ORDINANCES

Ord. No. 36

Sec. 2. And be it further ordained, That upon passage of this ordinance by the
City Council, as evidence of the authenticity of the plat which is a part hereof and
in order to give notice to the departments which are administering the Zoning
Ordinance, the President of the City Council shall sign the plat and when the
Mayor approves the ordinance, he shall sign the plat. The Director of Finance
shall then transmit a copy of the ordinance and one of plats to the following: the
Board of Municipal and Zoning Appeals, the Planning Commission, the Commis-
sioner of the Department of Housing and Community Development, the Super-
visor of Assessments for Baltimore City and the Zoning Administrator.

Sec. 3. And be it further ordained, That this ordinance shall take effect thirty
days from the date of its passage.

Approved April 13, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 36
(Council No. 129)

AN ORDINANCE concerning

SUPPLEMENTARY APPROPRIATION -DEPARTMENT OF EDUCATION

FOR the purpose of providing a supplementary general fund appropriation in the
amount of Four Hundred Thousand Dollars ($400,000) to the Department of
Education to be used for additional educational services for exceptional
children.

BY authority of

Article VI -Board of Estimates

Section 2(hX3)

Baltimore City Charter (1964 Revision as amended)

Whereas, the money appropriated herein represents revenue produced by the
City Property Insurance Fund in excess of the amount from this source which
was estimated and relied upon by the Board of Estimates in determining the tax
levy required to balance the budget for the 1984 fiscal year, and said money is
therefore available for appropriation to the Department of Education pursuant
to the provisions of Article VI, Section 2(hX3) of the Baltimore City Charter
(1964 Revision as amended); and

Whereas, the additional sum here appropriated is for a program included in
the current principal Ordinance of Estimates and is made necessary by a
material change in circumstances since the formulation and adoption of such or-
dinance, in accordance with Article VI, Section 2(hX3) of said Charter; and

Whereas, the supplementary general fund appropriation ordained herein has
been recommended to the City Council by the Board of Estimates, said recom-

ORDINANCES 95

mendation having been made at a regular meeting of said Board held on the
eighth day of February, 1984, all in accordance with Article VI, Section 2(hX3) of
said Charter.

Section \. Be it ordained by the Mayor and City Council of Baltimore, That
under the provisions of Article VI, Section 2(hX3) of the 1964 revision of the
Charter of Baltimore City, as amended, the sum of Four Hundred Thousand
Dollars ($400,000) shall be made available to the Department of Education as a
supplementary general fund appropriation for the fiscal year ending June 30,
1984, for the purpose of additional educational services for exceptional children.
The amount thus made available as a supplementary general fund appropriation
shall be expended from revenue derived from the City Property Insurance Fund
in excess of the amount from this source which was estimated or relied upon in
determining the tax levy required to balance the budget for the 1984 fiscal year;
and said funds from said City Property Insurance Fund shall be the source of
revenue for this supplementary general fund appropriation, as required by Arti-
cle VI, Section 2(hX3) of the Baltimore City Charter (1964 Revision as amended).

Sec. 2. And be it further ordained. That this ordinance shall take effect from
the date of its passage.

Approved April 13, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 37
(Council No. 130)

AN ORDINANCE concerning

SUPPLEMENTARY APPROPRIATION -DEPARTMENT OF EDUCATION

FOR the purpose of providing a supplementary general fund appropriation in the
amount of One Million Dollars ($1 ,000,000) to the Department of Education to
be used for additional educational services for exceptional children.

BY authority of

Article VI -Board of Estimates

Section 2(hX3)

Baltimore City Charter (1964 Revision as amended)

Whereas, the money appropriated herein represents revenue produced by
State Aid for the Department of Education in excess of the amount from this
source which was estimated and relied upon by the Board of Estimates in deter-
mining the tax levy required to balance the budget for the 1984 fiscal year, and
said money is therefore available for appropriation to the Department of Educa-
tional pursuant to the provisions of Article VI, Section 2(hX3) of the Baltimore
City Charter (1964 Revision as amended); and

96 ORDINANCES Ord. No. 38

Whereas, the supplementary general fund appropriation ordained herein has
been recommended to the City Council by the Board of Estimates, said recom-
mendation having been made at a regular meeting of said Board held on the
eighth day of February, 1984, all in accordance with Article VI, Section 2(hX3)of
said Charter.

Section I. Be it ordained by the Mayor and City Council of Baltimore, That
under the provisions of Article VI, Section 2(hX3) of the 1964 revision of the
Charter of Baltimore City, as amended, the sum of One Million Dollars
($1,000,000) shall be made available to the Department of Education as a sup-
plementary general fund appropriation for the fiscal year ending June 30, 1984,
for the purpose of additional educational services for exceptional children. The
amount thus made available as a supplementary general fund appropriation shall
be expended from revenue derived from State Aid for the Department of Educa-
tion in excess of the amount from this source which was estimated or relied upon
in determining the tax levy required to balance the budget for the 1984 fiscal
year; and said funds from said State Aid shall be the source of revenue for this
supplementary general fund appropriation, as required by Article VI, Section
2(hX3) of the Baltimore City Charter (1964 Revision as amended).

Sec. 2. And be it further ordained. That this ordinance shall take effect from
the date of its passage.

Approved April 13, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 38
(Council No. 20)

AN ORDINANCE concerning

PARKING -RESERVED
GLYNDON STREET

FOR the purpose of providing for reserved parking on Glyndon Avenue near
Ostend Street for Anthony B. Griffin displaying a permit.

Section I.Beit ordained by the Mayor and City Council of Baltimore, That on
the north side of Glyndon Avenue, from a point 169* west of Ost«nd Street to
point 191' west of Ostend Street, parking is reserved for Anthony B. Griffin
displaying a permit.

ORDINANCES 97

Sec. 2. And be it further ordained, That this ordinance shall take effect from
the date of its passage.

Approved April 16, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 39
(Council No. 42)

AN ORDINANCE concerning

CITY PROPERTY -RIGHT OF WAY FOR MUNICIPAL UTILITIES
AND SERVICES THRU THE PROPERTIES KNOWN AS NOS. 1718/1722,
1724 AND 1728 W. NORTH AVENUE, SANITARY CONTRACT NO. 653.

FOR the purpose of authorizing the acquisition by purchase or condemnation by
the Mayor and City Council of Baltimore of the fee simple interests or such
other interests as the Director of The Department of Public Works may deem
necessary or sufficient, in and to certain pieces or parcels of land situate in
Baltimore City for Public Utility Right of Way for an 8 inch Sanitary Sewer
and/or other municipal utilities and services through the properties known as
Nos. 1718/1722, 1724 and 1728 W. North Avenue, Sanitary Contract No. 653;
the location and course of said Public Utility Right of Way being shown on a
plat thereof numbered 117-C-20 prepared by the Surveys and Records Divi-
sion and filed in the Office of the Director of The Department of Public Works
on the Seventh (7th) day of October, 1983.

BY authority of

Article I -General Provisions

Section -4

Article II -General Provisions

Section -2
Baltimore City Charter (1964 Revision, as amended).

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That it
is necessary to acquire by purchase or condemnation for Public Utility Right of
Way purposes, namely, for the construction and maintenance of the 8 inch
Sanitary Sewer and/or other municipal utilities and services through the proper-
ties known as Nos. 1718/1722, 1724 and 1728 W. North Avenue, Sanitary Con-
tract No. 653; the fee simple interests or such other interests as the Director of
The Department of Public Works may deem necessary, in and to the pieces or
parcels of land, situate in Baltimore City, including the improvements thereon,
bottftd BOUNDED as follows:

Beginning for the same at a point on the north side of North Avenue, 100
feet wide, distant North 86°-50'-20" East 157.2 feet, more or less, measured
along the north side of said North Avenue from the east side of Fulton Avenue
and running thence by straight lines through the property known as No. 1724

98 ORDINANCES Ord. No. 39

W. North Avenue, the two following courses and distances; namely, Northerly
76 feet and Westerly 15 feet, more or less, to intersect the division line be-
tween the properties known as No. 1724 and No. 1726 W. North Avenue;
thence binding on said division line, Northerly 9 feet, more or less, to the
center line of a 10 foot alley laid out in the rears of the properties known as No.
1652 through and including No. 1744 A W, North Avenue; thence binding on
the center line of said 10 foot alley. Westerly 14 feet, more or less, to the divi-
sion line between the properties known as No. 1726 and No. 1728 W. North
Avenue; thence binding on last said division line. Southerly 9 feet, more or
less, to intersect the line of the second line of this description, if projected
westerly; thence binding on said line so projected through the property known
as No. 1728 W. North Avenue, Westerly 14 feet, more or less, to intersect the
division line between the properties known as No, 1728 and No. 1730 W.
North Avenue; thence binding on last said division line, Northerly 9 feet, more
or less, to the center line of last said 10 foot alley; thence binding on the center
line of last said 10 foot alley, Easterly 6 feet, more or less, to the line of the
center line of a 10 foot alley laid out in the rears of the properties known as
NO. 1901 through and including No. 1925 N. Fulton Avenue, if projected
southerly; thence binding reversely on last said line so projected, Northerly 5
feet, more or less, to intersect the north side of the 10 foot alley mentioned
firstly herein; thence binding on the north side of the 10 foot alley mentioned
firstly herein; Easterly 85 feet, more or less, to intersect the line of the divi-
sion line between the properties known as No. 1716 and No. 1718/1722 W.
North Avenue, if projected northerly; thence binding in part reversely on last
said line so projected, in part on last said division line, and in all. Southerly 14
feet, more or less; thence by a straight line through the property known as No.
1718/1722 W. North Avenue, Westerly 33 feet, more or less, to intersect a line
drawn parallel with and distant 15.00 feet easterly, measured at right angles
from the first line of this description; thence binding reversely on said \\ne so
drawn through last said property, Southerly 76 feet, to intersect the north side
of said North Avenue and thence binding on the north side of said North
Avenue, South 86°-50'-20" West 15 feet, more or less, to the place of begin-
ning.

Including all property, rights, interests, easements and/or franchises
necessary for said Public Utility Right of Way and the construction and
maintenance of said 8 inch Sanitary Sewer and/or other municipal utilities and
services in said Public Utility Right of Way, the location and course of said Public
Utility Right of Way being shown on a plat thereof numbered 1 17-C-20, prepared
by the Surveys and Records Division and filed in the office of the Director of the
Department of Public Works on the Seventh (7th) day of October, 1983.

Any mention or reference to any streets, roads, avenues, highways or alleys in
this Ordinance or on the plat referred to herein are for the purpose of description
only and shall not be held or taken to be any evidence whatever that said streets,
roads, avenues, highways, alleys or any of them, are public, dedicated or private
thoroughfares.

Sec. 2. And be it further ordained, That the Director of the Department of
Public Works or the person or persons the Board of Estimates of Baltimore City
may hereafter from time to time designate, is or are hereby authorized to acquire

ORDINANCES 99

on behalf of the Mayor and City Council of Baltimore, and for the purposes
described in this Ordinance, the fee simple interests or such other interests as the
said Director may deem necessary or sufficient, in and to said pieces or parcels of
land and improvements thereupon, including all property, rights, interests,
easements ancfor franchises necessary for said Public Utility Right of Way and
the construction and maintenance of said 8 inch Sanitary Sewer and/or other
municipal utilities and services in said Public Utility Right of Way. If the said
Director of the Department of Public Works, or person or persons the Board of
Estimates of Baltimore City may designate are unable to agree with the owner
or owners on the purchase price of any of the said pieces or parcels of land and
improvements thereupon or for any of the said properties, rights, interests,
easements and/or franchises, they shall forthwith notify the City Solicitor of
Baltimore City who shall thereupon institute in the name of the Mayor and City
Council of Baltimore the necessary legal proceedings to acquire by condemnation
the fee simple interests or such other rights, interests, easements and/or fran-
chises as the said Director may deem necessary or sufficient for the purposes of
said Public Utility Right of Way.

Sec. 3. And he it further ordained, That the proceedings for the acquisition by
condemnation of the property and rights herein described and the rights of all
parties interested or affected thereby shall be regulated by and be in accordance
with the provisions of The Real Property Article of the Annotated Code of
Maryland (1974), Title 12; Section 101 Et. Seq. and any and all amendments
thereto.

Sec. 4. And be it further ordained, That the said Director of the Department of
Public Works or person or persons the Board of Estimates of Baltimore City may
designate are also hereby authorized to negotiate for and to enter into in the
name of the Mayor and City Council of Baltimore, any and all necessary
agreements with the Federal and State Governments, or any of their agencies,
and any other persons, firms or corporations, in aid of, in furtherance of, or in
connection with said Public Utility Right of Way; all such acquisitions and
agreements to be subject to the approval of the Board of Estimates.

Sec. 5. And be it further ordained. That after the necessary agreements have
been made and the necessary properties, lands, rights, easements and/or fran-
chises have been acquired as hereinbefore provided, the Director of the Depart-
ment of Public Works of Baltimore City is hereby authorized and directed to con-
struct or cause to be constructed the said 8 inch Sanitary Sewer and/or other
municipal utilities and services in said Public Utility Rij.^ht of Way, all in accord-
ance with detailed plans hereafter to be prepared therefor and after said plans
have been approved by the said Director of the Department of Public Works.

Sec. 6. And be it further ordained, That this Ordinance shall take effect from
the date of its passage.

Approved April 16, 1984

WILLIAM DONALD SCHAEFER. Mayor.

100 ORDINANCES Ord. No. 40

No. 40
(Council No. 126)

AN ORDINANCE concerning

APPROPRIATION TRANSFER- DEPARTMENT OF FINANCE TO
DEPARTMENT OF EDUCATION

FOR the purpose of transferring a general fund appropriation in the amount of
Four Hundred Thousand Dollars ($400,000) from the Department of Finance
to the Department of Education to be used by the Department of Education
for additional educational services for exceptional children.

BY authority of

Article VI -Board of Estimates

Section 2(i)

Baltimore City Charter (1964 Revision as amended)

Whereas, Article VI, Section 2(i) of the Charter of Baltimore City (1964 Revi-
sion as amended) provides that, upon recommendation of the Board of
Estimates, the City Council by ordinance may authorize the transfer of an ap-
propriation contained in the Ordinance of Estimates from one municipal agency
to another municipal agency; and

Whereas, the sum of $400,000 was appropriated from general funds for
Department of Finance operating programs in the fiscal 1984 Ordinance of
Estimates, and said $400,000 is not needed for the purpose for which ap-
propriated and is therefore available for use by another municipal agency; and

Whereas, the general fund appropriation transfer ordained herein has been
recommended to the City Council by the Board of Estimates, said recommenda-
tion having been made at a meeting of said Board held on the 8th day of
February, 1984, all in accordance with Article VI, Section 2(i) of the Charter of
Baltimore City (1964 Revision as amended).

Sectio.n 1. Be it ordained by the Mayor and City Council of Baltimore, That
under the provisions of Article VI, Section 2(i) of the Charter of Baltimore City
(1964 Revision as amended), the sum of Four Hundred Thousand Dollars
($400,000) contained in the fiscal 1984 Ordinance of Estimates as a general fund
appropriation for Department of Finance operating programs shall be trans-
ferred to the Department of Education. The amount thus made available to the
Department of Education as a general fund appropriation shall be used for addi-
tional educational services for exceptional children.

Sec. 2. And be it further ordained, That this ordinance shall take effect from
the date of its passage.

Approved April 16, 1984

WILLIAM DONALD SCHAEFER, Mayor.

ORDINANCES 101

No. 41
(Council No. 127)

AN ORDINANCE concerning

APPROPRIATION TRANSFER- BOARD OF SUPERVISORS OF
ELECTIONS TO DEPARTMENT OF EDUCATION

FOR the purpose of transferring a general fund appropriation in the amount of
One Hundred Thousand Dollars ($100,000) from the Board of Supervisors of
Elections to the Department of Education to be used by the Department of
Education for additional educational services for exceptional children.

BY authority of

Article VI -Board of Estimates

Section 2(i)

Baltimore City Charter (1964 Revision as amended)

Whereas, the sum of $100,000 was appropriated from general funds for the
Board of Supervisors of Elections operating program in the fiscal 1984
Ordinance of Estimates, and said $100,000 is not needed for the purpose for
which appropriated and is therefore available for use by another municipal
agency; and

Se( TU)N 1. Be it ordaimd by the Mayor and City Council of Baltimore, That
under the provisions of Article VI, Section 2(i) of the Charter of Baltimore City
(1964 Revision as amended), the sum of One Hundred Thousand Dollars
($100,000) contained in the fiscal 1984 Ordinance of Estimates as a general fund
appropriation for the Board of Supervisors of Elections operating program shall
be transferred to the Department of Education. The amount thus made available
to the Department of Education as a general fund appropriation shall be used for
additional educational services for exceptional children.

Sec. 2. And be it further ordained. That this ordinance shall take effect from
the date of its passage.

Approved April 16, 1984

WILLIAM DONALD SCHAEFER, Mayor.

102 ORDINANCES Ord. No. 42

No. 42
(Council No. 128)
AN ORDINANCE concerning

APPROPRIATION TRANSFER -POLICE DEPARTMENT TO
DEPARTMENT OF EDUCATION

FOR the purpose of transferring a general fund appropriation in the amount of
One Hundred F'ifty-nine Thousand Five Hundred Sixty-three Dollars
($159,563) from the Police Department to the Department of Education to be
used by the Department of Education for additional educational services for
exceptional children.

BY authority of

Article VI -Board of Estimates

Section 2(i)

Baltimore City Charter (1964 Revision as amended)

Whereas, the sum of $159,563 was appropriated from general funds for Police
Department operating programs in the fiscal 1984 Ordinance of Estimates, and
said $159,563 is not needed for the purpose for which appropriated and is
therefore available for use by another municipal agency; and

Whereas, the general fund appropriation transfer ordained herein has been
recommended to the City Council by the Board of Estimates, said recommenda-
tion having been made at a meeting of said Board held on the 8th day of
Febmary, 1984, all in accordance with Article VI, Section 2(i) of the Charter of
Baltimore City (1964 Revision as amended).

SEtTl().\ 1. Be it ordained by the Mayor and City Council of Baltimore, That
under the provisions of Article VI, Section 2(i) of the Charter of Baltimore City
(1964 Revision as amended), the sum of One Hundred Fifty-nine Thousand Five
Hundred Sbcty-three Dollars ($159,563) contained in the fiscal 1984 Ordinance of
Estimates as a general fund appropriation for Police Department operating pro-
grams shall be transferred to the Department of Education. The amount thus
made available to the Department of Education as a general fund appropriation
shall be used for additional educational services for exceptional children.

Sec. 2. And be it further ordained, That this ordinance shall take effect from
the date of its passage.

Approved April 16, 1984

WILLIAM DONALD SCHAEFER, Mayor.

ORDINANCES 103

No. 43
(Council No. 33)

AN ORDINANCE concerning

REZONING-2101 E. BALTIMORE STREET

FOR the purpose of changing the zoning of the property known as 2101 E. Balti-
more Street from the R-8 to the R-10 Zoning District as outlined in red on the
plat accompanying this ordinance.

BY amending Zoning District Maps
Sheet No. 57
Article 30 -Zoning
Baltimore City Code (1976 Edition, as amended)

Section I. Be it ordained by the Mayor and City Council of Baltimore, That
Sheet No. 57 of the Zoning District Maps of Article 30 of the Baltimore City Code
(1976 Edition, as amended), titled "Zoning" be and it is hereby amended by
changing the property known as 2101 E. Baltimore Street from the R-8 to the
R-10 Zoning District as outlined in red on the plat accompanying this ordinance.

Sec. 2. And be it further ordained, That upon passage of this ordinance by the
City Council, as evidence of the authenticity of the plat which is part hereof and
in order to give notice to the departments which are administering the Zoning
Ordinance, the President of the City Council shall sign the plat, and when the
Mayor approves the ordinance he shall sign the plat. The Director of Finance
shall then transmit a copy of the ordinance and one of the plats to the following:
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com-
missioner of the Department of Housing and Community Development, and the
Zoning Administrator.

Sec. 3. And be it further ordained, That this ordinance shall take effect from
the date of its passage.

Approved April 18, 1984

WILLIAM DONALD SCHAEFER, Mayor.

104 ORDINANCES Ord. No. 45

No. 44
(Council No. 137)

AN ORDINANCE concerning

IMPOUNDING AREA -PARK AVENUE

FOR the purpose of designating both sides of Park Avenue, between Howard
and Cathedral Streets, an impounding area.

BY adding

Article 31 -Transit and Traffic

Section 116 (Ic)

Baltimore City Code (1983 Replacement Volume, as amended)

Section I. Be it ordained by the Mayor and City Council of Baltimore, That
section(s) of the Baltimore City Code (1983 Replacement Volume, as amended)
be added, repealed, or amended, to read as follows:

ARTICLE 31 -TRANSIT AND TRAFFIC

Impounding Areas

116. P Streets.
(Ic) Park Avenue, both sides, from Howard Street to Cathedral Street.

Sec. 2. And be it further ordained, That this ordinance shall take effect thirty
days from the date of its passage.

Approved April 19, 1984

WILLIAM DONALD SCHAEFER, Mayor

No. 45
(Council No. 153)

AN ORDINANCE concerning

SUPPLEMENTARY APPROPRIATION -
DEPARTMENT OF THE COMPTROLLER

FOR the purpose of providing a supplementary general fund appropriation in
the amount of Five Hundred Ten Thousand Dollars ($510,000) to the Depart-
ment of the Comptroller to be used for management of leased property located
at 118 North Howard Street and 300-302 West Fayette Street.

ORDINANCES 105

BY authority of

Article VI - Board of Estimates

Section 2(hX3)

Baltimore City Charter (1964 Revision as amended)

Whereas, the money appropriated herein represents revenue produced by
Treasurer Filing Fees, Earnings of Non-Contract Fuel Distribution, Refunds of
Gas/Electric Utility Deposits, Recoveries of Prior Year Fire Losses, and Rental
of Tower Suites Business Center, all in excess of the amounts from these sources
estimated and relied upon by the Board of Estimates in determining the tax levy
required to balance the budget for the 1984 fiscal year, and said money is
therefore available for appropriation to the Department of the Comptroller pur-
suant to the provisions of Article VI, Section 2(hX3) of the Baltimore City
Charter (1964 Revision as amended); and

Whereas, the additional sum here appropriated is for a new program which
could not reasonably be anticipated at the time of formulation of the proposed
Ordinance of Estimates for the fiscal year ending June 10, 1984, in accordance
with Article VI, Section 2(hX3) of said Charter; and

Whereas, the supplementary general fund appropriation ordained herein has
been recommended to the City Council by the Board of Estimates, said recom-
mendation having been made at a regular meetings of said Board held on the
15th day of February, 1984, all in accordance with Article VI, Section 2(hX3) of
said Charter.

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That
under the provisions of Article VI, Section 2 of the 1964 revision of the Charter
of Baltimore City, the sum of Five Hundred Ten Thousand Dollars ($510,000)
shall be made available to the Department of the Comptroller as a supplementary
general fund appropriation for the fiscal year ending June 30, 1984, for the pur-
pose of management of leased property located at 118 North Howard Street and
300-302 West Fayette Street. The amount thus made available as a supplemen-
tary general fund appropriation shall be expended from revenue derived from
Treasurer Filing Fees ($39,000), Earnings of Non-Contract Fuel Distribution
($10,143), Refunds of Gas/Electric Utility Deposits ($310,900), Recoveries of
Prior Year Fire L ea s e s LOSSES ($14,957), and Rental of Tower Suites Business
Center ($135,000), all in excess of the amounts from these sources which were
estimated or relied upon by the Board of Estimates in determining the tax levy
required to balance the budget for the 1984 fiscal year; and said funds from said
Treasurer Filing Fees, Earnings of Non-Contract Fuel Distribution, Refunds of
Gas/Electric Utility Deposits, Recoveries of Prior Year Fire Losses, and Rental
of Tower Suites Business Center shall be the source of revenue for this sup-
plementary general fund appropriation, as required by Article VI, Section 2 of
the Baltimore City Charter (1964 Revision as amended).

Sec. 2. And be it further ordained, That this ordinance shall take effect from
the date of its passage.

Approved April 19, 1984

WILLIAM DONALD SCHAEFER. Mayor.

106 ORDINANCES Ord. No. 46

No. 46
(Council No. 154)

AN ORDINANCE concerning

SUPPLEMENTARY APPROPRIATION -
DEPARTMENT OF THE COMPTROLLER

FOR the purpose of providing a supplementary general fund appropriation in
the amount of Two Hundred Thirty Thousand Dollars ($230,000) to the
Department of the Comptroller to be used for management of leased property
located at 118 North Howard Street and 300-302 West Fayette Street.

BY authority of

Article VI -Board of Estimates

Section 2(hX3)

Baltimore City Charter (1964 Revision as amended)

Whereas, the money appropriated herein represents surplus general funds
arising in the preceding fiscal year which became a part of the general revenue of
the City in excess of the amount estimated and relied upon by the Board of
Estimates in determining the tax levy required to balance the budget for the cur-
rent fiscal year, and said money is therefore available for general expenditures of
the City in the current fiscal year as provided in Article VI, Section 2(i) of the
1964 revised Charter of Baltimore City as amended; and

Whereas, the additional sum here appropriated is for a new program which
could not reasonably be anticipated at the time of formulation of the proposed
Ordinance of Estimates for the fiscal year ending June 30, 1984, in accordance
with Article VI, Section 2(hX3) of said Charter; and

Whereas, the supplementary general fund appropriation ordained here has
been recommended to the City Council by the Board of Estimates, said recom-
mendation having been made at a regular meeting of said Board held on the 15th
day of February, 1984, all in accordance with Article VI, Section 2(hX3) of said
Charter.

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That
under the provisions of Article VI, Section 2(hX3) of the 1964 Revision of the
Charter of Baltimore City, the sum of Two Hundred Thirty Thousand Dollars
($230,000) shall be made available to the Department of the Comptroller of the
City of Baltimore as a supplementary general fund appropriation for the fiscal
year ending June 30, 1984, for the purpose of management of leased property
located at 118 North Howard Street and 300-302 West Fayette Street. The
amount thus made available as a supplementary general fund appropriation shall
be expended from surplus general funds of the Mayor and City Council of
Baltimore carried over from the preceding budget year; and said funds from the
said surplus shall be the source of revenue for this supplementary general fund
appropriation, as required by Article VI, Section 2 of the Baltimore City Charter
(1964 Revision as amended).

ORDINANCES 107

Sec. 2. And be it further ordained, That this ordinance shall take effect from
the date of its passage.

Approved April 19, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 47
(Council No. 158)

AN ORDINANCE concerning

ECONOMIC DEVELOPMENT REVENUE BONDS-
(CANTON HOUSE LIMITED PARTNERSHIP FACILITY)

FOR the purpose of authorizing and empowering Mayor and City Council of Bal-
timore to issue and sell, at any time or from time to time and in one or more
series, as limited obligations of the City and not upon its full faith and credit,
its economic development revenue bonds, in the aggregate principal amount
not to exceed $1,250,000, pursuant to the provisions of Sub-section (50) of Ar-
ticle II of the Charter of Baltimore City (1964 Revision), as amended, for the
sole and exclusive purpose of financing the costs of the completion by Canton
House Limited Partnership, a Maryland limited partnership, of a certain facili-
ty in Baltimore City consisting of the acquisition of approximately 1/20 acre of
real property located at 300 Water Street, corner of South Street in Baltimore
City, the renovation of an approximately 20,000 square foot building thereon
known as the "Canton House", and the purchase and installation of certain
machinery, equipment and other improvements therein, to be owned by Can-
ton House Limited Partnership, a Maryland limited partnership, and leased to
David Cordish and Associates, a Maryland general partnership, for use as of-
fice space in its business of real estate development, to Cordish and Cordish,
attorneys at law, for use as office space in its legal profession, and to various
other tenants whose identities are presently unknown for use as office space in
their respective businesses; authorizing the Mayor of the City, on behalf of the
City, to accept the letter of intent date February 10, 1984 and the supplemen-
tal letter of intent dated March 7, 1984 from David S. Cordish, prospective
general partner of Canton House Limited Partnership, to the City; making
certain legislative findings; RESERVING IN THE CITY CERTAIN RIGHTS
CONCERNING THE ISSUANCE OF SUCH BONDS; authorizing and em-
powering the Board of Finance of the City, by a resolution or resolutions
adopted prior to the issuance, sale and delivery of any series of such bonds, to

(a) APPROVE THE ISSUANCE OF SUCH BONDS. (B) prescribe, among
other things but not limited to, the form, terms, provisions, manner or method
of issuing and selling (including negotiated as well as competitive bid sale), and
the time or times of issuance, and any and all other details of such bonds, and

(b) (C) do any and all things necessary, proper or expedient in connection with
the issuance and sale of such bonds; providing that Canton House Limited
Partnership shall agree to submit any plans and specifications to, and to coor-

108 ORDINANCES . Ord. No. 47

dinate with, the Department of Housing and Community Development in con-
nection with the completion of such facility; providing that such bonds (or bond
anticipation notes issued in anticipation of the issuance of such bonds) must be
issued and sold within six months from the date this Ordinance is approved by
the Mayor, unless the Board of Finance approves one six month extension as
provided in this Ordinance; authorizing the issuance of notes in anticipation of
the issuance of such revenue bonds; and generally providing for and determin-
ing various matters and details in connection with the issuance and sale of such
bonds and bond anticipation notes.

RECITALS

Sub-section (50) of Article II of the Charter of Baltimore City (1964 Revision),
as amended (the "Enabling Law"), empowers Mayor and City Council of
Baltimore (the "City") to borrow money to finance undertakings for the ac-
complishment of any of the purposes, objects and powers of the City and in con-
nection therewith to issue bonds, notes, or other obligations (including refunding
bonds, notes or other obligations), all of which shall be fully negotiable, payable,
as to both principal and interest, solely from and secured solely by a pledge of (I)
the revenues from or arising in connection with the property, facilities,
developments and improvements whose financing is undertaken by the issuance
of such bonds, notes or other obligations, (II) the revenues from or arising in con-
nection with any contracts, mortgages or other securities purchased or otherwise
acquired with the proceeds of such bonds, notes or other obligations, (III) the con-
tracts, mortgages or other securities purchased or otherwise acquired with the
proceeds of such bonds, notes or other obligations, or (IV) any combination of (I),
(II) or (III). The purposes, objects and powers of the City contemplated by the
Enabling Law include the relief of conditions of unemployment in Baltimore
City, encouraging the increase of industry and a balanced economy in Baltimore
City, promoting economic development in Baltimore City, and promoting the
health, welfare and safety of the residents of Baltimore City.

The City has received a letter of intent dated February 10, 1984 and the sup-
plemental letter of intent dated March 7, 1984 (collectively, the "Letters of In-
tent") from David S. Cordish, prospective general partner of Canton House
Limited Partnership, a Maryland limited partnership (the "Borrower"), pursuant
to which the Borrower has requested the City to participate in the financing of
the costs of completion by the Borrower of a certain facility in Baltimore City,
Maryland (the "Facility"), by issuing and selling the City's economic development
revenue bonds in the aggregate principal amount not to exceed $1,250,000 (the
"Bonds"), and by making the proceeds of the Bonds available to the Borrower to
be used by the Borrower for the sole and exclusive purpose of financing the costs
of the completion of the Facility by the Borrower.

The Facility, which is an "undertaking" which will accomplish the purposes, ob-
jects and powers of the City as mentioned in the Enabling Law, will consist
generally of (a) the acquisition of a tract of land containing approximately 1/20
acre located at 300 Water Street, corner of South Street in Baltimore City, (b)
the renovation of an approximately 20,000 square foot building thereon, known
as the "Canton House", consisting of office space, (c) the acquisition and installa-
tion in such building of any or all machinery and equipment, and any or all other

ORDINANCES 109

improvements therein, as may be necessary or useful in connection with the
operation thereof, and (d) the acquisition of such other interests in land as may be
necessary or suitable for the foregoing, including roads and rights of access,
utilities and other necessary site preparation facilities. Upon completion, the
Facility will be owned by the Borrower and leased to (a) David Cordish and
Associates, a Maryland general partnership, for use as office space in its business
of real estate development, (b) Cordish and Cordish, attorneys at law, for use as
office space in its legal profession, and (c) various other tenants whose identities
are presently unknown for use as office space in their respective businesses.

NOW THEREFORE, IN ACCORDANCE WITH THE ENABLING LAW:

Section I.Beit ordained by Mayor and City Council of Baltimore, That acting
pursuant to the Enabling Law, it is hereby found and determined as follows:

(1) The issuance and sale of the Bonds by the City pursuant to the Enabling
Law in order to make the proceeds thereof available to the Borrower for the sole
and exclusive purpose of financing the costs of completion of the Facility will
facilitate and expedite the completion of the Facility by the Borrower.

(2) The completion of the Facility by the Borrower and the financing of the
costs of such completion as provided in this Ordinance will serve to promote the
general purposes contemplated by the Enabling Law by (a) sustaining jobs and
employment in Baltimore City; (b) promoting economic development in
Baltimore City; (c) encouraging the increase of industry and a balanced economy
in Baltimore City; and (d) allowing the Borrower to maintain its commercial
operations in Baltimore City.

(3) Any and all of the Bonds shall not be general obligations of the City and
shall not be a pledge of or involve the faith and credit or the taxing power of the
City, and shall not constitute a debt of the City, all within the meaning of Section
7 of Article XI of the Constitution of Maryland or within the meaning of any
other constitutional, statutory or charter provision limiting or restricting the
sale or issuance of bonds, notes or other obligations of the City. All of the Bonds
shall be limited obligations of the City, and shall be fully negotiable, payable, as
to both principal and interest, solely from and secured solely by a pledge of (I) the
revenues from or arising in connection with the Facility, (II) the revenues from
or arising in connection with any contracts, mortgages or other securities pur-
chased or otherwise acquired with the proceeds of the Bonds, (III) the contracts,
mortgages or other securities purchased or otherwise acquired with the proceeds
of the Bonds, or (IV) any combination of (I), (II) or (III), all as the Board may ap-
prove by a resolution or resolutions adopted prior to the issuance, sale and
delivery of any of the Bonds.

no ORDINANCES Ord. No. 47

Sec. 2. And be it further ordained, That the City is hereby authorized and em-
powered to issue and sell, at any time or from time to time and in one or more
series, as limited obligations of the City and not upon its full faith and credit, its
economic development revenue bonds, in the aggregate principal amount not to
exceed $1,250,000, subject to the provisions of this Ordinance. The proceeds of
the Bonds will be made available to the Borrower under terms and conditions ap-
proved by the Board and set forth in a Resolution, and used by the Borrower for
the sole and exclusive purpose of financing the costs of the completion of the
Facility.

Sec. 3. And be it further ordained, That this Ordinance constitutes the present
intent of the City to issue the Bonds, and the Mayor of the City is hereby
authorized to accept the Letters of Intent on behalf of the City in order to further
evidence the present intent of the City to issue the Bonds in accordance with the
terms and provisions of this Ordinance. THE CITY INTENDS THAT THE
ENACTMENT OF THIS ORDINANCE SHALL BE AND CONSTITUTE "OF-
FICIAL ACTION" WITHIN THE MEANING OF SECTION L103-8(AX5) OF
THE INCOME TAX REGULATIONS PRESCRIBED BY THE UNITED
STATES DEPARTMENT OF TREASURY PURSUANT TO SECTION 103 OF
THE INTERNAL REVENUE CODE OF 1954, AS AMENDED. THE CITY
AND THE BORROWER CONTEMPLATE THAT, UPON THE EFFEC-
TIVENESS OF THIS ORDINANCE, THE BORROWER MAY COMMENCE
THE ACQUISITION OF THE FACILITY PRIOR TO THE ISSUANCE, SALE
AND DELIVERY OF THE BONDS; PROVIDED, HOWEVER THAT IF THE
BORROWER PROCEEDS WITH THE ACQUISITION OF THE FACILITY
PRIOR TO THE ADOPTION OF A RESOLUTION BY THE BOARD, AS
DESCRIBED IN SECTION 5(A) BELOW, THE BORROWER DOES SO AT
ITS OWN RISK.

SECTION 4. AND BE IT FURTHER ORDAINED, THAT THE CITY
RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO
TAKE ANY ACTIONS DEEMED NECESSARY BY THE CITY IN ORDER
TO INSURE THAT THE CITY (A) COMPLIES WITH PRESENT FEDERAL
AND STATE LAWS AND ANY PENDING OR FUTURE FEDERAL OR
STATE LEGISLATION, WHETHER PROPOSED OR ENACTED, WHICH
MAY RESTRICT THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
BONDS, AND (B) ISSUES ITS BONDS (WITHIN THE MEANING OF THE
ENABLING LAW AND ANY PRESENT OR FUTURE STATE AND LOCAL
LAWS), WITHIN THE LIMITS IMPOSED BY ANY SUCH PRESENT LAWS
OR ANY SUCH PENDING OR FUTURE LEGISLATION OR ANY FUTURE
LOCAL LAWS, TO FINANCE THOSE FACILITIES WHICH THE CITY
DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, WILL PRO-
VIDE THE GREATEST BENEFIT TO THE CITY.

PURSUANT TO THE PROVISIONS OF THIS SECTION 4. THE CUT
RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION,
TO, AMONG OTHER THINGS, (1) NEVER ISSUE THE BONDS, (2) ISSUE
ONLY A PORTION OF THE AGGREGATE PRINCIPAL AMOUNT OF THE
BONDS REQUESTED BY THE APPLICANT, (3) RESTRICT THE USE OF
THE PROCEEDS OF- THE BONDS, (4) DELAY INDEFINITELY THE IS-

ORDINANCES 111

SUANCE OF THE BONDS, OR (5) TAKE ANY OTHER ACTIONS DEEMED
NECESSARY BY THE CITY, IN ITS SOLE AND ABSOLUTE DISCRETION,
IN ORDER TO INSURE THAT THE CITY ACHIEVES THE GOALS SET
FORTH IN THE PRECEDING PARAGRAPH.

IN ADDITION, IN THE EVENT THAT ANY PRESENT LAW OR ANY
PENDING OR FUTURE LEGISLATION LIMITS OR WOULD LIMIT (BY A
VOLUME CAP OR OTHERWISE) THE CITY'S ABILITY TO ISSUE BONDS
OR OTHER OBLIGATIONS, THE INTEREST PAYABLE ON WHICH IS TO
BE EXEMPT FROM FEDERAL INCOME TAXATION, THE CITY
RESERVES THE RIGHT TO CHOOSE TO ISSUE ITS BONDS (WITHIN THE
MEANING OF THE ENABLING LAW AND Am' PRESENT OR FUTURE
STATE AND LOCAL LAWS) FOR FACILITIES OTHER THAN THE
FACILITY. IN SUCH ORDER OF PRIORITY AS IT MAY DETERMINE IN
ITS SOLE AND ABSOLUTE DISCRETION.

Sec. 4 5. And be it further ordained, That, as permitted by the EnabUng Law,
the Board is hereby authorized and empowered, by a resolution or resolutions
adopted prior to the issuance, sale and delivery of any of the Bonds, to:

(A) APPROVE THE ISSUANCE OF THE BONDS;

(a) (B) prescribe, among other things but not limited to, the form, terms, provi-
sions, manner or method of issuing and selling (including negotiated as well as
competitive bid sale), and the time or times of issuance, and any and all other
details of the Bonds and the issuance and sale thereof;

(b) (C) approve (i) the pledge or assignment by the City of any of the security
described in Section & 6 of this Ordinance, pursuant to a trust agreement or
similar agreement, (ii) the form of any such trust agreement or similar agree-
ment, as provided in the Enabling Law, and (iii) such provisions in any such trust
agreement or similar agreement as the Board may deem reasonable and proper
for the security of the holders of the Bonds;

ic) (D) approve the terms and conditions, including but not limited to the
terms and conditions of any documents to be executed and delivered by the City
(other than customary financing statements and closing certificates), under
which the proceeds of the Bonds will be made available to the Borrower to
finance the costs of the completion of the Facility; and

(<i) (E) do any and all things necessary, proper or expedient in connection with
the issuance, sale and delivery of the Bonds.

112 ORDINANCES Ord. No. 47

other securities purchased or otherwise acquired with the proceeds of the Bonds,
(III) the contracts, mortgages or other securities purchased or otherwise ac-
quired with the proceeds of the Bonds, or (IV) any combination of (I), (II) or (III),
all as the Board may approve by a resolution or resolutions adopted prior to the
issuance, sale and delivery of any of the Bonds.

Sec. %1. And be it further ordained, That the Borrower shall agree that:

(a) it will submit any plans and specifications for the Facility to the Department
of Housing and Community Development for approval, and that the Department
of Housing and Community Development may refuse approval of any plans and
specifications for aesthetic or functional reasons; and

Sec. ? 8. And be it further ordained, That any and all of the Bonds shall be ex-
ecuted in the name of the City and on its behalf by the Mayor of the City, by his
manual or facsimile signature, and by the Director of Finance of the City, by his
manual or facsimile signature, and the corporate seal of the City or a facsimile
thereof shall be impressed or otherwise reproduced thereon and attested by the
Custodian of the City Seal, by his manual signature. Any trust agreement or
other documents as the Board shall deem necessary to effectuate the issuance,
sale and delivery of the Bonds shall be executed in the name of the City and on its
behalf by the Mayor of the City by his manual or facsimile signature, and the cor-
porate seal of the City or a facsimile thereof shall be impressed or otherwise
reproduced thereon and attested by the Custodian of the City Seal by his manual
signature. In case any officer whose signature or a facsimile of whose signature
shall appear on the Bonds or any of the aforesaid documents shall cease to be
such officer before the delivery of the Bonds or any of the other aforesaid
documents, such signature or such facsimile shall nevertheless be valid and suffi-
cient for all purposes, the same as if such officer had remained in office until
delivery. The Mayor of the City, the Director of Finance of the City, the Custo-
dian of the City Seal and other officials of the City are hereby authorized and em-
powered to do all such acts and things and execute such documents and cer-
tificates as the Board may determine by resolution to be necessary to carry out
and comply with the provisions hereof.

Sec. 8 9. And be it further ordained, That any and all necessary financing
statements required for the consummation of the transactions authorized by this
Ordinance may be executed on behalf of the City by the Mayor of the City or by
the Chief, Bureau of Treasury Management of the City or by such other ap-
propriate official of the City as may be designated by the Mayor of the City to ex-
ecute such financing statements.

ORDINANCES 113

the "Bonds" shall include such bond anticipation notes where appropriate. Prior
to the issuance, sale and delivery of any series of bond anticipation notes, the
Board shall adopt a resolution or resolutions, to:

(A) APPROVE THE ISSUANCE OF SUCH BOND ANTICIPATION NOTES;

(a) (B) prescribe, among other things but not limited to, the form, terms, pro-
visions, manner or method of issuing and selling (including negotiated as well as
competitive bid sale), and the time or times of issuance, and any and all other
details of such bond anticipation notes and the issuance and sale thereof;

(b) (C) approve (i) the pledge or assignment by the City of any of the security
described in Section 6 6 of this Ordinance, pursuant to a trust agreement or
similar agreement, (ii) the form of any such trust agreement or similar agree-
ment, as provided in the Enabling Law, and (iii) such provisions in any such trust
agreement or similar agreement as the Board nnay deem reasonable and proper
for the security of the holders of such bond anticipation notes;

(e) (D) approve the terms and conditions, including but not limited to the terms
and conditions of any documents to be executed and delivered by the City (other
than customary financing statements and closing certificates), under which the
proceeds of such bond anticipation notes will be made available to the Borrower
to finance the costs of the completion of the Facility; and

(d) (E) do any and all things necessary, proper or expedient in connection with
the issuance, sale and delivery of such bond anticipation notes.

Sec. iO 11. And be it further ordauied, That the provisions of this Ordinance
are severable, and if any provision, sentence, clause, section or part hereof is
held illegal, invalid or unconstitutional or inapplicable to any person or cir-
cumstances, such illegality, invalidity or unconstitutionality, or inapplicability
shall not affect or impair any of the remaining provisions, sentences, clauses, sec-
tions, or parts of this Ordinance or their application to other persons or cir-
cumstances. It is hereby declared to be the legislative intent that this Ordinance
would have been passed if such illegal, invalid or unconstitutional provision,
sentence, clause, section or part had not been included herein, and if the person
or circumstances to which this Ordinance or any part hereof are inapplicable had
been specifically exempted herefrom.

114 ORDINANCES Ord. No. 48

Sec. H 12. And be it further ordained, That either the Bonds or bond anticipa-
tion notes issued pursuant to Section 9 10 of this Ordinance in anticipation of the
issuance of the Bonds must be issued and sold within six months from the date on
which this Ordinance is approved by the Mayor of the City; provided, however,
that the Board, after a showing of good cause at a public hearing held before the
Board prior to or after the expiration of such six month period, may extend the
period during which either the Bonds or such bond anticipation notes may be
issued and sold for one additional term not to exceed six months from the date on
which the first six month period expired. The Board, in its sole discretion, and
without action by the City Council, shall determine the sufficiency, or lack
thereof, of the reasons presented for any requested extension of the six month
period. If an extension is granted, notice of such extension and the reasons
therefor must be sent to the City Council. To the extent that neither the Bonds
nor such bond anticipation notes are issued and sold within twelve months from
the date on which this Ordinance is approved by the Mayor of the City, the
authority provided in this Ordinance for the City to issue and sell the Bonds and
such bond anticipation notes shall expire.

Sec. i2 13. And be it further ordained, That this Ordinance shall take effect
from the date of its passage.

Approved April 19, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 48
(Council No. 161)

AN ORDINANCE concerning

ECONOMIC DEVELOPMENT REVENUE BONDS -
(MONUMENT STREET REALTY COMPANY FACILITY)

ORDINANCES 115

tion office and warehouse space containing approximately 9,732 square feet,
to be owned by Monument Street Realty Company, and leased to Dennis J.
Moran and Sons, Inc., a Maryland corporation, for use as a warehouse and of-
fice in its business of fabricating and distributing metal doors and frames,
hardware accessories, wooden doors, carpeting and flooring; authorizing the
Mayor of the City, on behalf of the City, to accept the letter of intent to the
City dated February 10, 1984 from Dennis J. Moran and Patsy A. Moran, L/a
Monument Street Realty Company; making certain legislative findings;
RESERVING IN THE CITY CERTAIN RIGHTS CONCERNING THE IS-
SUANCE OF SUCH BONDS; authorizing and empowering the Board of
Finance of the City, by a resolution or resolutions adopted prior to the
issuance, sale and delivery of any series of such bonds, to (a) APPROVE THE
ISSUANCE OF SUCH BONDS, (B) prescribe, among other things but not
limited to, the form, terms, provisions, manner or method of issuing and sell-
ing (including negotiated as well as competitive bid sale), and the time or times
of issuance, and any and all other details of such bonds, and (fe)-(C) do any and
all things necessary, proper or expedient in connection with the issuance and
sale of such bonds; providing that a partnership to be formed or Monument
Street Realty Company shall agree to submit any plans and specifications to,
and to coordinate with, the Department of Housing and Community Develop-
ment in connection with the completion of such facility; providing that such
bonds (or bond anticipation notes issued in anticipation of the issuance of such
bonds) must be issued and sold within six months from the date this Ordinance
is approved by the Mayor, unless the Board of Finance approves one six month
extension as provided in this Ordinance; authorizing the issuance of notes in
anticipation of the issuance of such revenue bonds; and generally providing for
and determining various matters and details in connection with the issuance
and sale of such bonds and bond anticipation notes.

RECITALS

Sub-section (50) of Article II of the Charter of Baltimore City (1964 Revision),
as amended (the "Enabling Law"), empowers Mayor and City Council of
Baltimore (the "City") to borrow money to finance undertakings for the ac-
complishment of any of the purposes, objects and powers of the City and in con-
nection therewith to issue bonds, notes, or other obligations (including refunding
bonds, notes or other obligations), all of wliich shall be fully negotiable, payable,
as to both principal and interest, solely from and secured solely by a pledge of (I)
the revenues from or arising in connection with the property, facilities,
developments and improvements whose financing is undertaken by the issuance
of such bonds, notes or other obligations, (II) the revenues from or arising in con-
nection with any contracts, mortgages or other securities purchased or otherwise
acquired with the proceeds of such bonds, notes or other obligations, (III) the con-
tracts, mortgages or other securities purchased or otherv^'ise acquired with the
proceeds of such bonds, notes or other obligations, or (IV) any combination of (I),
(II) or (III). The purposes, objects and powers of the City contemplated by the
Enabling Law include the relief of conditions of unemployment in Baltimore
City, encouraging the increase of industry and a balanced economy in Baltimore
City, promoting economic development in Baltimore City, and promoting the
health, welfare and safety of the residents of Baltimore City.

The City has received a letter of intent dated February 10, 1984 (the "Letter of
Intent") from Dennis J. Moran and Patsy A. Moran, tya Monument Street Realty

116 ORDINANCES Ord. No. 48

Company, a Maryland general partnership (the "Borrower"), pursuant to which
the Borrower has requested the City to participate in the financing of the costs of
the completion by the Borrower of a certain facility in Baltimore City, Maryland
(the "Facility"), by issuing and selling the City's economic development revenue
bonds in the aggretate principal amount not to exceed $240,000 (the "Bonds"),
and by making the proceeds of the Bonds available to the Borrower to be used by
the Borrower for the sole and exclusive purpose of financing the costs of the com-
pletion of the Facility by the Borrower.

The Facility, which is an "undertaking" which will accomplish the purposes, ob-
jects and powers of the City as mentioned in the Enabling Law, will consist
generally of the acquisition of a tract of land containing approximately .324
acres, known as the Orem Medical Building located at 4501-4503 E. Monument
Street, in Baltimore City (adjacent to the existing facility of Dennis J. Moran and
Sons, Inc. at 4509 E. Monument Street and comprising an expansion of such ex-
isting facility), including the acquisition of all improvements on the 4501-4503
E. Monument Street property, which improvements consist of a one-story brick
two-building complex with combination office and warehouse space containing
approximately 9,732 square feet. Upon completion, the Facility will be owned by
the Borrower and leased to Dennis J. Moran and Sons, Inc., a Maryland corpora-
tion, for use as a warehouse and office in its business of fabricating and
distributing metal doors and frames, hardware accessories, wooden doors,
carpeting and flooring.

The Enabling Law provides that the City may authorize and empower the
Board of Finance of the City (the "Board") by resolution to determine and set
forth the form, terms, provisions, manner or method of issuing and selling (in-
cluding negotiated as well as" competitive bid sale), and the time or times of is-
suance and any and all other details of the Bond and the issuance and sale
thereof, and to do any and all things necessary, proper or expedient in connection
with the issuance and sale of the Bonds.

NOW THEREFORE, IN ACCORDANCE WITH THE ENABLING LAW:

Section 1. Be it ordained by Mayor and City Council of Baltimore, That acting
pursuant to the Enabling Law, it is hereby found and determined as follows:

(1) The issuance and sale of the Bonds by the City pursuant to the Enabling
Law in order to make the proceeds thereof available to the Borrower for the sole
and exclusive purpose of financing the costs of completion of the Facility will
facilitate and expedite the completion of the Facility by the Borrower.

(2) The completion of the Facility by the Borrower and the financing of the
costs of such completion as provided in this Ordinance will serve to promote the
general purposes contemplated by the Enabling Law by (a) sustaining jobs and
employment in Baltimore City; (b) promoting economic development in
Baltimore City; (c) encouraging the increase of industry and a balanced economy
in Baltimore City; and (d) will enable the Borrower to expand its manufacturing
business.

(3) Any and all of the Bonds shall not be general obligations of the City and
shall not be a pledge of or involve the faith and credit or the taxing power of the

ORDINANCES 117

City, and shall not constitute a debt of the City, all within the meaning of Section
7 of Article XI of the Constitution of Maryland or within the meaning of any
other constitutional, statutory or charter provision limiting or restricting the
sale or issuance of bonds, notes or other obligations of the City. All of the Bonds
shall be limited obligations of the City, and shall be fully negotiable, payable, as
to both principal and interest, solely from and secured solely by a pledge of (I) the
revenues from or arising in connection with the Facility, (II) the revenues from
or arising in connection with any contracts, mortgages or other securities pur-
chased or otherwise acquired with the proceeds of the Bonds, (III) the contracts,
mortgages or other securities purchased or otherwise acquired with the proceeds
of the Bonds, or (IV) any combination of (I), (II) or (III), all as the Board may ap-
prove by a resolution or resolutions adopted prior to the issuance, sale and
delivery of any of the Bonds.

Sec. 2. And be it further ordained, That the City is hereby authorized and em-
powered to issue and sell, at any time or from time to time and in one or more
series, as limited obligations of the City and not upon its full faith and credit, its
economic development revenue bonds, in the aggregate principal amount not to
exceed $240,000, subject to the provisions of this Ordinance. The proceeds of the
Bonds will be made available to the Borrower under terms and conditions ap-
proved by the Board and set forth in a Resolution, and used by the Borrower for
the sole and exclusive purpose of financing the costs of the completion of the
Facility.

Sec. 3. And be it further ordained, That this Ordinance constitutes the present
intent of the City to issue the Bonds, and the Mayor of the City is hereby
authorized to accept the Letter of Intent on behalf of the City in order to further
evidence the present intent of the City to issue the Bonds in accordance with the
terms and provisions of this Ordinance. THE CITY INTENDS THAT THE
ENACTMENT OF THIS ORDINANCE SHALL BE AND CONSTITUTE "OF-
FICIAL ACTION" WITHIN THE MEANING OF SECTION 1.103-8(AX5) OF
THE INCOME TAX REGULATIONS PRESCRIBED BY THE UNITED
STATES DEPARTMENT OF TREASURY PURSUANT TO SECTION 103 OF
THE INTERNAL REVENUE CODE OF 1954. AS AMENDED. THE CITY
AND THE BORROWER CONTEMPLATE THAT, UPON THE EFFEC-
TIVENESS OF THIS ORDINANCE. THE BORROWER MAY COMMENCE
THE ACQUISITION OF THE FACILITY PRIOR TO THE ISSUANCE, SALE
AND DELIVERY OF THE BONDS; PROVIDED. HOWEVER. THAT IF THE
BORROWER PROCEEDS WITH THE ACQUISITION OF THE FACILITY
PRIOR TO THE ADOPTION OF A RESOLUTION BY THE BOARD, AS
DESCRIBED IN SECTION 5(A) BELOW, THE BORROWER DOES SO AT
ITS OWN RISK.

SECTION 4. AND BE IT FURTHER ORDAINED, THAT THE CUT
RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION. TO
TAKE ANY ACTIONS DEEMED NECESSARY BY THE CITY IN ORDER
TO INSURE THAT THE CITY (A) COMPLIES WITH PRESENT FEDERAL
AND STATE LAWS AND ANY PENDING OR FUTURE FEDERAL OR
STATE LEGISLATION, W^iETHER PROPOSED OR ENACTED. WTIICH
MAY RESTRICT THE ISSUANCE OF INDUSTRIAL DEVELOPMENT

118 ORDINANCES Ord. No. 48

BONDS, AND (B) ISSUES ITS BONDS (WITHIN THE MEANING OF THE
ENABLING LAW AND ANY PRESENT OR FUTURE STATE AND LOCAL
LAWS), WITHIN THE LIMITS IMPOSED BY ANY SUCH PRESENT LAWS
OR ANY SUCH PENDING OR FUTURE LEGISLATION OR ANY FUTURE
LOCAL LAWS, TO FINANCE THOSE FACILITIES WHICH THE CITY
DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, WILL PRO-
VIDE THE GREATEST BENEFIT TO THE CITY.

PURSUANT TO THE PROVISIONS OF THIS SECTION 4, THE CITY
RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION,
TO, AMONG OTHER THINGS, (1) NEVER ISSUE THE BONDS, (2) ISSUE
ONLY A PORTION OF THE AGGREGATE PRINCIPAL AMOUNT OF THE
BONDS REQUESTED BY THE APPLICANT, (3) RESTRICT THE USE OF
THE PROCEEDS OF THE BONDS, (4) DELAY INDEFINITELY THE IS-
SUANCE OF THE BONDS, OR (5) TAKE ANY OTHER ACTIONS DEEMED
NECESSARY BY THE CITY. IN ITS SOLE AND ABSOLUTE DISCRETION,
IN ORDER TO INSURE THAT THE CITY ACHIEVES THE GOALS SET
FORTH IN THE PRECEDING PARAGRAPH.

IN ADDITION, IN THE EVENT THAT ANY PRESENT LAW OR ANY
PENDING OR FUTURE LEGISLATION LIMITS OR WOULD LIMIT (BY A
VOLUME CAP OR OTHERWISE) THE CITY'S ABILITY TO ISSUE BONDS
OR OTHER OBLIGATIONS, THE INTEREST PAYABLE ON WHICH IS TO
BE EXEMPT FROM FEDERAL INCOME TAXATION, THE CITY
RESERVES THE RIGHT TO CHOOSE TO ISSUE ITS BONDS (WITHIN THE
MEANING OF THE ENABLING LAW AND ANY PRESENT OR FUTURE
STATE AND LOCAL LAWS) FOR FACILITIES OTHER THAN THE
FACILITY, IN SUCH ORDER OF PRIORITY AS IT MAY DETERMINE IN
ITS SOLE AND ABSOLUTE DISCRETION.

Sec. 4 5. And be it further ordained, That, as permitted by the Enabling Law,
the Board is hereby authorized and empowered, by a resolution or resolutions
adopted prior to the issuance, sale and delivery of any of the Bonds, to:

(A) APPROVE THE ISSUANCE OF THE BONDS;

(b) (C) approve (i) the pledge or assignment by the City of any of the security
described in Section 5 6 of this Ordinance, pursuant to a trust agreement or
similar agreement, (ii) the form of any such trust agreement or similar agree-
ment, as provided in the Enabling Law, and (iii) such provisions in any such trust
agreement or similar agreement as the Board may deem reasonable and proper
for the security of the holders of the Bonds;

ORDINANCES 119

proceeds of the Bonds will be made available to the Borrower to finance the costs
of the completion of the Facility; and

(tJ) (E) do any and all things necessary, proper or expedient in connection with
the issuance, sale and delivery of the Bonds.

Sec, 5 6. And be it further ordained, That any and all of the Bonds shall not be
general obligations of the City and shall not be a pledge of or involve the faith
and credit or the taxing power of the City, and shall not constitute a debt of the
City, all within the meaning of Section 7 of Article XI of the Constitution of
Maryland or any other constitutional, statutory or charter provision limiting or
restricting the sale or issuance of bonds, notes or other obligations of the City.
All of the Bonds shall be limited obligations of the City, and shall be fully
negotiable, payable, as to both principal and interest, solely from and secured
solely by a pledge of (I) the revenues from or arising in connection with the Facili-
ty, (II) the revenues from or arising in connection with any contracts, mortgages
or other securities purchased or otherwise acquired with the proceeds of the
Bonds, (III) the contracts, mortgages or other securities purchased or otherwise
acquired with the proceeds of the Bonds, or (IV) any combination of (I), (II) or
(III), all as the Board may approve by a resolution or resolutions adopted prior to
the issuance, sale and delivery of any of the Bonds.

Sec. 6 7. And be it further ordained. That the Borrower shall agree that:

Sec. 7 8. And be it further ordained, That any and all of the bonds shall be ex-
ecuted in the name of the City and on its behalf by the Mayor of the City, by his
manual or facsimile signature, and by the Director of Finance of the City, by his
manual or facsimile signature, and the corporate seal of the City or a facsimile
thereof shall be impressed or otherwise reproduced thereon and attested by the
Custodian of the City Seal, by his manual signature. Any trust agreement or
other documents as the Board shall deem necessary to effectuate the issuance,
sale and delivery of the Bonds shall be executed in the name of the City and on its
behalf by the Mayor of the City by his manual or facsimile signature, and the cor-
porate seal of the City or a facsimile thereof shall be impressed or otherwise
reproduced thereon and attested by the Custodian of the City Seal by his manual
signature. In case any officer whose signature or a facsimile of whose signature
shall appear on the Bonds or any of the aforesaid documents shall cease to be
such officer before the delivery of the Bonds or any of the other aforesaid
documents, such signature or such facsimile shall nevertheless be valid and suffi-
cient for all purposes, the same as if such officer had remained in office until
delivery. The Mayor of the City, the Director of Finance of the City, the Custo-
dian of the City Seal and other officials of the City are hereby authorized and em-

120 ORDINANCES Ord. No. 48

powered to do all such acts and things and execute such documents and cer-
tificates as the Board may determine by resolution to be necessary to carry out
and comply with the provisions hereof.

Sec. 8 9. And be it further ordained, That any and all necessary financing
statements required for the consummation of the transactions authorized by this
Ordinance may be executed on behalf of the City by the Mayor of the City or by
the Chief,' Bureau of Treasury Management of the City or by such other ap-
propriate official of the City as may be designated by the Mayor of the City to ex-
ecute such financing statements.

Sec. 9 10. And be it further ordained. That the authority to issue the Bonds is
intended and shall be deemed to include the authority to issue bond anticipation
notes pursuant to Section 12 of Article 31 of the Annotated Code of Maryland
(1978 Replacement Volume and 1983 Cumulative Supplement), as amended (the
"Bond Anticipation Note Enabling Legislation"). Reference in this Ordinance to
the "Bonds" shall include such bond anticipation notes where appropriate. Prior
to the issuance, sale and delivery of any series of bond anticipation notes, the
Board shall adopt a resolution or resolutions, to:

(A) APPROVE THE ISSUANCE OF SUCH BOND ANTICIPATION NOTES;

(a) (B) prescribe, among other things but not limited to, the form, terms, pro-
visions, manner or method of issuing and selling (including negotiated as well as
competitive bid sale) and the time or times of issuance, and any and all other
details of such bond anticipation notes and the issuance and sale thereof;

(b) (C) approve (i) the pledge or assignment by the City of any of the security
described in Section 6 6 of this Ordinance, pursuant to a trust agreement or
similar agreement, (ii) the form of any such trust agreement or similar agree-
ment, as provided in the Enabling Law, and (iii) such provisions in any such trust
agreement or similar agreement as the Board may deem reasonable and proper
for the security of the holders of such bond anticipation notes;

(c) (D) approve the terms and conditions, including but not limited to the terms
and conditions of any documents to be executed and delivered by the City (other
than customary financing statements and closing certificates), under which the
proceeds of such bond anticipation notes will be made available to the Borrower
to finance the costs of the completion of the Facility; and

(^ (E) do any and all things necessary, proper or expedient in connection with
the issuance, sale and delivery of such bond anticipation notes.

ORDINANCES 121

Bonds no longer exists and the effectiveness of various actions taken by the Bor-
rower, its officers, agents and employees.

Sec. i6 II. A Jid be it further ordained, That the provisions of this Ordinance
are severable, and if any provision, sentence, clause, section or part hereof is
held illegal, invalid or unconstitutional or inapplicable to any person or cir-
cunnstances, such illegality, invalidity or unconstitutionality, or inapplicability
shall not affect or impair any of the remaining provisions, sentences, clauses, sec-
tions, or parts of this Ordinance or their application to other persons or cir-
cumstances. It is hereby declared to be the legislative intent that this Ordinance
would have been passed if such illegal, invalid or unconstitutional provision,
sentence, clause, section or parfhad not been included herein, and if the person
or circumstances to which this Ordinance or any part hereof are inapplicable had
been specifically exempted herefrom.

Sec. 13 12. And he it further ordained, That either the Bonds or bond anticipa-
tion notes issued pursuant to Section 9 10 of this Ordinance in anticipation of the
issuance of the Bonds must be issued and sold within six months from the date on
which this Ordinance is approved by the Mayor of the City; provided, however,
that the Board, after a showing of good cause at a public hearing held before the
Board prior to or after the expiration of such six month period, may extend the
period during which either the Bonds or such bond anticipation notes may be
issued and sold for one additional term not to exceed six months from the date on
which the first six month period expired. The Board, in its sole discretion, and
without action by the City Council, shall determine the sufficiency, or lack
thereof, of the reasons presented for any requested extension of the sbc month
period. If an extension is granted, notice of such extension and the reasons
therefor must be sent to the City Council. To the extent that neither the Bonds
nor such bond anticipation notes are issued and sold vsithin twelve months from
the date on which this Ordinance is approved by the Mayor of the City, the
authority provided in this Ordinance for the City to issue and sell the Bonds and
such bond anticipation notes shall expire.

Sec. 12 13. And he it further ordained. That this Ordinance shall take effect
from the date of its passage.

Approved April 19, 1984

WILLIAM DONALD SCHAEFER. Mayor.

122 ORDINANCES Ord. No. 49

No. 49
(Council No. 174)

AN ORDINANCE concerning

POLLUTION CONTROL REVENUE BONDS
(GENERAL MOTORS CORPORATION PROJECT) SERIES 1984

FOR the purpose of authorizing and empowering Mayor and City Council of
Baltimore to issue and sell, at any time or from time to time and in one or more
series, as limited obligations of the City and not upon its full faith and credit,
its pollution control revenue bonds, in the aggregate principal amount not to
exceed $13,200,000, pursuant to the provisions of Subsection (50) of Article II
of the Charter of Baltimore City (1964 Revision), as amended, for the sole and
exclusive purpose of financing the costs of the completion by General Motors
Corporation, a Delaware corporation, of a certain project in Baltimore City
consisting of (a) the construction of a building on land with respect to the
General Motors Corporation - Worldwide Truck and Bus Division, Baltimore,
Maryland (the "Building"), (b) the acquisition and installation in the Building of
such machinery and equipment, and any or all other improvements therein, as
may be necessary or useful in connection with the operation of an industrial
waste water pretreatment plant, (c) the construction of improvements as may
be necessary or suitable for the foregoing, including roads and rights of ac-
cess, utilities and other necessary site preparation and (d) the costs incidental
thereto (the "Project"); authorizing the Mayor of the City, on behalf of the City
Council, to accept the letter of intent dated February 22, 1984 from General
Motors Corporation, to the City; making certain legislative findings; RE-
SERVING IN THE CITY CERTAIN RIGHTS CONCERNING THE IS-
SUANCE OF SUCH BONDS; authorizing and empowering the Board of
Finance of the City, by a resolution or resolutions adopted prior to the is-
suance, sale and delivery of any series of such bonds, to (a) APPROVE THE
ISSUANCE OF SUCH BONDS, (B) prescribe, among other things but not
limited to, the form, terms, provisions, manner or method of issuing and sell-
ing (including negotiated as well as competitive bid sale), and the time or times
of issuance, and any and all other details of such bonds, and (b) (C) do any and
all things necessary, proper or expedient in connection with the issuance and
sale of such bonds; providing that General Motors Corporation shall agree to
submit any plans and specifications to, and to coordinate with, the Department
of Housing and Community Development in connection with the completion of
such Project; providing that such bonds (or bond anticipation notes issued in
anticipation of the issuance of such bonds) must be issued and sold within six
months from the date this Ordinance is approved by the Mayor, unless the
Board of Finance approves one six month extension as provided in this
Ordinance; authorizing the issuance of notes in anticipation of the issuance of
such revenue bonds; and generally providing for and determining various mat-
ters and details in connection with the issuance and sale of such bonds and
bond anticipation notes.

ORDINANCES 123

RECITALS

Subsection (50) of Article II of the Charter of Baltimore City (1964 Revision),
as amended (the "EnabHng Law"), empowers Mayor and City Council of
Baltimore (the "City") to borrow money to finance undertakings for the ac-
complishment of any of the purposes, objects and powers of the City and in con-
nection therewith to issue bonds, notes, or other obligations (including refunding
bonds, notes or other obligations), all of which shall be fully negotiable, payable,
as to both principal and interest, solely from and secured solely by a pledge of (I)
the revenues from or arising in connection with the property, facilities,
developments and improvements whose financing is undertaken by the issuance
of such bonds, notes or other obligations, (II) the revenues from or arising in con-
nection with any contracts, mortgages or other securities purchased or otherwise
acquired with the proceeds of such bonds, notes or other obligations, (III) the con-
tracts, mortgages or other securities purchased or otherwise acquired with the
proceeds of such bonds, notes or other obligations, or (IV) any combination of (I),
(II) or (III). The purposes, objects and powers of the City contemplated by the
Enabling Law include the relief of conditions of unemployment in Baltimore
City, encouraging the increase of industry and a balanced economy in Baltimore
City, promoting economic development in Baltimore City, and promoting the
health, welfare and safety of the residents of Baltimore City.

The City has received a letter of intent dated February 22, 1984 (the "Letter of
Intent") from General Motors Corporation, a Delaware corporation (the "Bor-
rower"), pursuant to which the Borrower has requested the City to participate in
the financing of the costs of the completion by the Borrower of a certain project
in Baltimore City, Maryland (the "Project"), by issuing and selling the City's
pollution control revenue bonds in the aggregate principal amount not to exceed
$13,200,000 (the "Bonds"), and by making the proceeds of the Bonds available to
the Borrower to be used by the Borrower for the sole and exclusive purpose of
financing the costs of the completion of the Project by the Borrower.

The Baltimore City Council adopted a Resolution on March 5, 1984 (the
"Resolution") and therein stated the present intention of the Baltimore City
Council to participate in the financing of the acquisition of the Project. The
Resolution provided that upon the execution and delivery of the Letter of Intent
by the Mayor of the City, the Resolution would indicate the present intent of the
City to provide assistance in such financing in an amount not to exceed
$13,200,000, by authorizing the issuance, sale and delivery of its Bonds pursuant
to the Enabling Law and by lending the proceeds thereof to the Applicant for the
purpose of financing the acquisition of the Project, directly or by reimbursement,
and paying the necessary expenses of preparing, printing and selling the Bonds,
and any other costs permitted by the Enabling Law, all in accordance with the
Enabling Law. On March 12, 1984, the Mayor of the City accepted, executed and
delivered the Letter of Intent.

The Project, which is an "undertaking" which will accomplish the purposes, ob-
jects and powers of the City as mentioned in the Enabling Law, will consist
generally of (a) the construction of a building on land with respect to the General
Motors Corporation -Worldwide Truck and Bus Division, Baltimore, Maryland
(the "Building"), (b) the acquisition and installation in the Building of such

124 ORDINANCES Ord. No. 49

machinery and equipment, and any or all other improvements therein, as may be
necessary or useful in connection with the operation of an industrial waste water
pretreatment plant, (c) the construction of improvements as may be necessary or
suitable for the foregoing, including roads and rights of access, utilities and other
necessary site preparation and (d) the costs incidental thereto (the "Project").
Upon completion, the Project will be owned by the Borrower for use in connec-
tion with the manufacture of motor vehicles.

NOW THEREFORE. IN ACCORDANCE WITH THE ENABLING LAW:

Section I.Beit ordained by Mayor and City Council of Baltimore, That acting
pursuant to the Enabling Law, it is hereby found and determined as follows:

(3) The completion of the Project by the Borrower and the financing of the
costs of such completion as provided in this Ordinance will serve to promote the
general purposes contemplated by the Enabling Law by (a) sustaining jobs and
employment in Baltimore City; (b) promoting economic development in
Baltimore City; (c) encouraging the increase of industry and a balanced economy
in Baltimore City; (d) promote economic development and the health, welfare and
safety of the residents of Baltimore City and the State of Maryland; (e) assist in
the protection of natural resources and the retention of existing industry in
Baltimore City and the State of Maryland through the control, reduction or
abatement of pollution in the environment; and (f) will enable the Borrower to
maintain its manufacturing operations in the City.

(4) Any and all of the Bonds shall not be general obligations of the City and
shall not be a pledge of or involve the faith and credit or the taxing power of the
City, and shall not constitute a debt of the City, all within the meaning of Section
7 of Article XI of the Constitution of Maryland or within the meaning of any
other constitutional, statutory or charter provision limiting or restricting the
sale or issuance of bonds, notes or other obligations of the City. All of the Bonds
shall be limited obligations of the City, and shall be fully negotiable, payable, as

ORDINANCES 125

to both principal and interest, solely from and secured solely by a pledge of (I) the
revenues from or arising in connection with the Project, (II) the revenues from or
arising in connection with any contracts, mortgages or other securities pur-
chased or otherwise acquired with the proceeds of the Bonds, (III) the contracts,
mortgages or other securities purchased or otherwise acquired with the proceeds
of the Bonds, or (IV) any combination of (I), (II) or (III), all as the Board may ap-
prove by a resolution or resolutions adopted prior to the issuance, sale and
delivery of any of the Bonds.

Sec. 2. And be it further ordained. That the City is hereby authorized and em-
powered to issue and sell, at any time or from time to time and in one or more
series, as limited obligations of the City and not upon its full faith and credit, its
pollution control revenue bonds, in the aggregate principal amount not to exceed
$13,200,000, subject to the provisions of this Ordinance. The proceeds of the
Bonds will be made available to the Borrower under terms and conditions ap-
proved by the Board and set forth in a Resolution, and used by the Borrower for
the sole and exclusive purpose of financing the costs of the completion of the
Project.

Sec. 3. And be it further ordained, That this Ordinance constitutes the present
intent of the City to issue the Bonds, and the acceptance by the Mayor of the City
of the Letter of Intent on behalf of the City is hereby ratified in order to further
evidence the present intent of the City to issue the Bonds in accordance with the
terms and provisions of this Ordinance. THE CITY INTENDS THAT THE
ENACTMENT OF THIS ORDINANCE SHALL BE AND CONSTITUTE "OF-
FICIAL ACTION" WITHIN THE MEANING OF SECTION 1.103-8(a) (5) OF
THE INCOME TAX REGULATIONS PRESCRIBED BY THE UNITED
STATES DEPARTMENT OF TREASURY PURSUANT TO SECTION 103 OF
THE INTERNAL REVENUE CODE OF 1954, AS AMENDED. THE CITY
AND THE BORROWER CONTEMPLATE THAT, UPON THE EFFEC-
TIVENESS OF THIS ORDINANCE, THE BORROWER ^L\Y COMMENCE
THE ACQUISITION OF THE PROJECT PRIOR TO THE ISSUANCE, SALE
AND DELIVERY OF THE BONDS; PROVIDED, HOWEVER THAT IF THE
BORROWER PROCEEDS WITH THE ACQUISITION OF THE PROJECT
PRIOR TO THE ADOPTION OF A RESOLUTION BY THE BOARD, AS
DESCRIBED IN SECTION 5(A) BELOW, THE BORROWER DOES SO AT
ITS OWN RISK.

SEC. 4. AND BE IT FURTHER ORDAINED, THAT THE CITY
RESERVES THE RIGHT. IN ITS SOLE AND ABSOLUTE DISCRETION, TO
TAKE ANY ACTIONS DEEMED NECESSARY BY THE CITY IN ORDER
TO INSURE THAT THE CITY (A) COMPLIES WITH PRESENT FEDERAL
AND STATE LAWS AND ANY PENDING OR FUTURE FEDERAL OR
STATE LEGISLATION, WHETHER PROPOSED OR ENACTED, WHICH
MAY RESTRICT THE ISSUANCE OF POLLUTION CONTROL REVENUE
BONDS, AND (B) ISSUES ITS BONDS (WITHIN THE MEANING OF THE
ENABLING LAW AND ANY PRESENT OR FUTURE STATE AND LOCAL
LAWS), WITHIN THE LIMITS IMPOSED BY ANY SUCH PRESENT LAWS
OR ANY SUCH PENDING OR FUTURE LEGISLATION OR ANY FUTURE
LOCAL LAWS. TO FINANCE THOSE PROJECTS WHICH THE CITY

126 ORDINANCES Ord. No. 49

DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, WILL PRO-
VIDE THE GREATEST BENEFIT TO THE CITY.

PURSUANT TO THE PROVISIONS OF THIS SECTION 4, THE CITY
RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION,
TO, AMONG OTHER THINGS, (1) NEVER ISSUE THE BONDS, (2) ISSUE
ONLY A PORTION OF THE AGGREGATE PRINCIPAL AMOUNT OF THE
BONDS REQUESTED BY THE BORROWER, (3) RESTRICT THE USE OF
THE PROCEEDS OF THE BONDS, (4) DELAY INDEFINITELY THE IS-
SUANCE OF THE BONDS, OR (5) TAKE ANY OTHER ACTIONS DEEMED
NECESSARY BY THE CITY, IN ITS SOLE AND ABSOLUTE DISCRETION,
IN ORDER TO INSURE THAT THE CITY ACHIEVES THE GOALS SET
FORTH IN THE PRECEDING PARAGRAPH.

IN ADDITION, IN THE EVENT THAT ANY PRESENT LAW OR ANY
PENDING OR FUTURE LEGISLATION LIMITS OR WOULD LIMIT (BY A
VOLUME CAP OR OTHERWISE) THE CITY'S ABILITY TO ISSUE BONDS
OR OTHER OBLIGATIONS, THE INTEREST PAYABLE ON WHICH IS TO
BE EXEMPT FROM FEDERAL INCOME TAXATION, THE CITY RE-
SERVES THE RIGHT TO CHOOSE TO ISSUE ITS BONDS (WITHIN THE
MEANING OF THE ENABLING LAW AND ANY PRESENT OR FUTURE
STATE AND LOCAL LAWS) FOR PROJECTS OTHER THAN THE PROJ-
ECT, IN SUCH ORDER OF PRIORITY AS IT MAY DETERMINE IN ITS
SOLE AND ABSOLUTE DISCRETION.

Sec. 4 5. And be it further ordained, That, as perniitt€d by the Enabhng Law,
the Board is hereby authorized and empowered, by a resolution or resolutions
adopted prior to the issuance, sale and delivery of any of the Bonds, to:

(A) APPROVE THE ISSUANCE OF THE BONDS; (a) (B) prescribe, among
other things but not limited to, the form, terms, provisions, manner or method of
issuing and selling (including negotiated as well as competitive bid sale), and the
time or times of issuance, and any and all other details of the Bonds and the is-
suance and sale thereof;

(b) (C) approve (i) the pledge or assignment by the City of any of the security
described in Section 6 6 of this Ordinance, pursuant to a trust agreement or
similar agreement, (ii) the form of any such trust agreement or similar agree-
ment, as provided in the Enabling Law, and (iii) such provisions in any such trust
agreement or similar agreement as the Board may deem reasonable and proper
for the security of the holders of the Bonds;

(e) (D) approve the terms and conditions, including but not limited to the terms
and conditions of any documents to be executed and delivered by the City (other
than customary financing statements and closing certificates), under which the
proceeds of the Bonds will be made available to the Borrower to finance the costs
of the completion of the Project; and

(d) (E) do any and all things necessary, proper or expedient in connection with
the issuance, sale and delivery of the Bonds.

ORDINANCES 127

Sec. ^6. And be it further ordained, That any and all of the Bonds shall not be
general obligations of the City and shall not be a pledge of or involve the faith
and credit or the taxing power of the City, and shall not constitute a debt of the
City, all within the meaning of Section 7 of Article XI of the Constitution of
Maryland or any other constitutional, statutory or charter provision limiting or
restricting the sale or issuance of bonds, notes or other obligations of the City.
All of the Bonds shall be limited obligations of the City, and shall be fully
negotiable, payable, as to both principal and interest, solely from and secured
solely by a pledge of (I) the revenues from or arising in connection with the Proj-
ect, (II) the revenues from or arising in connection with any contracts, mortgages
or other securities purchased or otherwise acquired with the proceeds of the
Bonds, (III) the contracts, mortgages or other securities purchased or otherwise
acquired with the proceeds of the Bonds, or (IV) any combination of (I), (II) or
(III), all as the Board may approve by a resolution or resolutions adopted prior to
the issuance, sale and delivery of any of the Bonds.

Sec. 6 7. And be it further ordained, That the Borrower shall agree that:

Sec. 7 8. And be it further ordained. That any and all of the Bonds shall be ex-
ecuted in the name of the City and on its behalf by the Mayor of the City, by his
manual or facsimile signature, and by the Director of Finance of the City, by his
manual or facsimile signature, and the corporate seal of the City or a facsimile
thereof shall be impressed or otherwise reproduced thereon and attested by the
Custodian of the City Seal, by his manual or facsimile signature. Any trust agree-
ment or other documents as the Board shall deem necessary to effectuate the is-
suance, sale and delivery of the Bonds shall be executed in the name of the City
and on its behalf by the Mayor of the City by his manual or facsimile signature,
and the corporate seal of the City or a facsimile thereof shall be impressed or
otherwise reproduced thereon and attested by the Custodian of the City Seal by
his manual or facsimile signature. In case any officer whose signature or a fac-
simile of whose signature shall appear on the Bonds or any of the aforesaid
documents shall cease to be such officer before the delivery of the Bonds or any
of the other aforesaid documents, such signature Or such facsimile shall never-
theless be valid and sufficient for all purposes, the same as if such officer had re-
mained in office until delivery. The Mayor of the City, the Director of Finance of
the City, the Custodian of the City Seal and other officials of the City are hereby
authorized and empowered to do all such acts and things and execute such
documents and certificates as the Board may determine by resolution to be
necessary to carry out and comply with the provisions hereof

128 ORDINANCES Ord. No. 49

Sec. 8 9. And be it further ordained, That any and all necessary financing
statements required for the consummation of the transactions authorized by this
Ordinance may be executed on behalf of the City by the Mayor of the City or by
the Chief, Bureau of Treasury Management of the City or by such other appro-
priate official of the City as may be designated by the Mayor of the City to
execute such financing statements.

Sec. 9 10. And be it further ordained, That the authority to issue the Bonds is
intended and shall be deemed to include the authority to issue bond anticipation
notes pursuant to Section 12 of Article 31 of the Annotated Code of Maryland
(1983 Replacement Volume), as amended (the "Bond Anticipation Note Enabling
Legislation"). Reference in this Ordinance to the "Bonds" shall include such bond
anticipation notes where appropriate. Prior to the issuance, sale and delivery of
any series of bond anticipation notes, the Board shall adopt a resolution or resolu-
tions, to:

(A) APPROVE THE ISSUANCE OF SUCH BOND ANTICIPATION NOTES;
(a) (B) prescribe, among other things but not limited to, the fo<-m, terms, provi-
sions, manner or method of issuing and selling (including negotiated as well as
competitive bid sale), and the time or times of issuance, and any and all other
details of such bond anticipation notes and the issuance and sale thereof;

(b) (C) approve (i) the pledge or assignment by the City of any of the security
described in Section & 6 of this Ordinance, pursuant to a trust agreement or
similar agreement, (ii) the form of any such trust agreement or similar agree-
ment, as provided in the Enabling Law, and (iii) such provisions in any such trust
agreement or similar agreements as the Board may deem reasonable and proper
for the security of the holders of such bond anticipation notes;

(e) (D) approve the terms and conditions, including but not limited to the terms
and conditions of any documents to be executed and delivered by the City (other
than customary financing statements and (Closing certificates), under which the
proceeds of such bond anticipation notes will be made available to the Borrower
to finance the costs of the completion of the Project; and

(tJ) (E) do any and all things necessary, proper or expedient in connection with
the issuance, sale and delivery of such bond anticipation notes.

Sec. W 11. And be it further ordained, That the provisions of this Ordinance
are severable, and if any provision, sentence, clause, section or part hereof is

ORDINANCES 129

held illegal, invalid or unconstitutional or inapplicable to any person or cir-
cumstances, such illegality, invalidity or unconstitutionality, or inapplicability
shall not affect or impair any of the remaining provisions, sentences, clauses, sec-
tions, or parts of this Ordinance or their application to other persons or other cir-
cumstances. It is hereby declared to be the legislative intent that this Ordinance
would have been passed if such illegal, invalid or unconstitutional provision,
sentence, clause, section or part had not been included herein, and if the person
or circumstances to which this Ordinance or any part hereof are inapplicable had
been specifically exempted herefrom.

Sec. H 12. And be it further ordained, That either the Bonds or bond anticipa-
tion notes issued pursuant to Section 9 10 of this Ordinance in anticipation of the
issuance of the Bonds must be issued and sold within six months from the date on
which this Ordinance is approved by the Mayor of the City; provided, however,
that the Board, after showing of good cause at a public hearing held before the
Board prior to or after the expiration of such six month period, may extend the
period during which either the Bonds or such bond anticipation notes may be
issued and sold for one additional term not to exceed six months from the date on
which the first six month period expired. The Board, in its sole discretion, and
without action by the City Council, shall determine the sufficiency, or lack
thereof, of the reasons presented for any requested extension of the six month
period. If an extension is granted, notice of such extension and the reasons
therefor must be sent to the City Council. To the extent that neither the bonds
nor such bond anticipation notes are issued and sold within twelve months from
the date on which this Ordinance is approved by the Mayor of the City, the
authority provided in this Ordinance for the City to issue and sell the Bonds and
such bond anticipation notes shall expire.

Sec. i£ 13. And be it further ordained, That this Ordinance shall take effect
from the date of its passage.

Approved April 19, 1984

WILLIAM DONALD SCHAEFER, Mayor.

130 ORDINANCES Ord. No. 50

No. 50
(Council No. 180)

AN ORDINANCE concerning

CITY PROPERTY -SALE

FOR the purpose of authorizing the sale of the Baltimore City Hospitals Complex
situate at 4940 Eastern Avenue, Baltimore, Maryland including all property
interests therein, whether real, personal, mixed, tangible or intangible to The
Johns Hopkins Hospital and other affiliated institutions.

BY authority of

Article II -General Powers

Sections 11 and 47

Baltimore City Charter (1964 Revision as amended)

Section I. Be it ordained by the Mayor and City Council of Baltimore, That
the Mayor of Baltimore City or such other person as the Board of Estimates may
designate be and he is hereby authorized to sell at private sale in accordance with
Article II Sections 1 1 and 47 of the City Charter, all of the interest of the Mayor
and City Council of Baltimore in and to the Baltimore City Hospitals Complex
located at 4940 Eastern Avenue, Baltimore, Maryland.

Sec. 2. Be it further ordained, That the terms and conditions of any such sale
be first approved by the Board of Estimates.

Sec. 3. Be it further ordained. That no deed or deeds shall pass in accordance
herewith until the same shall have been first approved by the City Solicitor.

Sec. 4. And be it further ordained, That this ordinance shall take effect from
the date of its passage.

Approved April 19, 1984

WILLIAM DONALD SCHAEFER. Mayor.

ORDINANCES 131

No. 51
(Council No. 152)

AN ORDINANCE concerning

911 S URCHARGE SYSTEM ADDITIONAL CHARGE

FOR the purpose of imposing an additional charge of 30 cents per month to be
applied to all current bills rendered for switched local exchange access service
within Baltimore City after July 1, 1984 upon implementation of^H: OF A 911
SYSTEM.

BY adding

Article 28 -Taxes

Section 75

Baltimore City Code (1983 Replacement Volume)

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That
Section(s) of the Baltimore City Code (1983 Replacement Volume, as amended)
be added, repealed, or amended, to read as follows:

ARTICLE 28 -TAXES

75. 911 Emergency Telephone System Surcharg e ADDITIONAL CHARGE.

There is hereby levied and imposed under the provisions of and in compliance
urith Article Ul, Section 20ltH-5(c) of the Annotated Code of Mary landr( 1982
REPL. VOL.), an additional charge of 30 cents per month to be applied to all cur-
rent bills rejulered for switched local exchange access service within Baltimore
City. This charge shall be in addition to the 911 fee imposed by Section 204H-5(b)
of the said article and code and it shall be applied to all current bills rendered for
SWITCHED LOCAL EXCHANGE ACCESS service WITHIN BALTIMORE
CITY upon implementation vf 911 OF A 911 SYSTEM ajler July 1, 198J,. The
amount of this levy may not exceed a level necessary to cover the total amount of
e ligibl e 911 OF THE ELIGIBLE 911 SYSTEM operating and maintenance
costs to OF the City.

Sec. 2. And be it further ordained, That this ordinance shall take effect thirty
days from the date of its passage.

Approved May 1, 1984

WILLIAM DONALD SCHAEFER, Mayor.

132 ORDINANCES Ord. No. 52

No. 52
(Council No. 81)

AN ORDINANCE concerning

ZONING- APPROVAL FOR CONDITIONAL USE
PARKING LOT

FOR the purpose of granting permission for the establishment, maintenance and
operation of an open off-street parking area on the property located at the
East corner of Reisterstown Road and West Garrison Avenue as outlined in
red on the plats accompanying this ordinance, subject to the condition that the
l ot shall b e us e d by c hu rc h m e mb e rs IF THE LOT IS NOT USED BY THE
CHURCH MEMBERS AS A PARKING LOT IT SHALL REVERT TO THE
CITY.

BY authority of
Article 30 -Zoning
Sections 4.6-ld and 11.0-6d
Baltimore City Code (1983 Replacement Volume, as amended)

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That
permission is hereby granted for the establishment, maintenance and operation
of an open off-street parking area on the property located at the East corner of
Reisterstown Road and West Garrison Avenue, as outlined in red on the plats ac-
companying this ordinance, under the provisions of Sections 4.6-ld and 11.0-6d
of Article 30 of the Baltimore City Code (1983 Replacement Volume, as amend-
ed) title "Zoning", subject to the condition that the parking lot shall be used as a
parking lot for the members of the Christian Temple Faith Church AND IF AT
ANY TIME IT IS NOT SO USED, THEN THE FEE SIMPLE TITLE TO THE
PROPERTY SHALL IMMEDIATELY REVERT TO THE CITY, FREE AND
CLEAR OF ANY RIGHTS OF THE CHURCH AND THE CITY SHALL RE-
TAIN ALL PAYMENTS MADE BY THE CHURCH FREE AND CLEAR OF
ANY RIGHTS OF THE CHURCH.

Sec. 2. And be it further ordained, That upon passage of this ordinance by the
City Council, as evidence of the authenticity of the plat which is a part hereof and
in order to give notice to the departments which are administering the Zoning
Ordinance, the President of the City Council shall sign the plat and when the
Mayor approves the ordinance, he shall sign the plat. The Director of Finance
shall then transmit a copy of the ordinance and one of the plats to the following:
the Board of Municipal and Zoning Appeals, the Plaiming Commission, the Com-
missioner of the Department of Housing and Community Development and the
Zoning Administrator.

Sec. 3. And be it further ordained, That this ordinance shall take effect thirty
days from the date of its passage.

Approved May 2, 1984

WILLIAM DONALD SCHAEFER, Mayor.

ORDINANCES 133

No. 53
(Council No. 105)

AN ORDINANCE concerning

CITY PROPERTY -SALE

FOR the purpose of authorizing the Mayor and City Council of Baltimore to sell
either at public or private sale all the interest of the Mayor and City Council of
Baltimore in and to a certain parcel of land no longer needed for public use,
same being the northeasternmost 51 square feet (0.00117 acre) of land in Lot
45, Block 7650C, NW Side Reedbird Avenue, southeast of Lot 19, Block 7618.

BY authority of

Article V- Comptroller

Section 5(b)

Baltimore City Charter (1964 Revision as amended)

BEGINNING for the same at a 1 inch iron pipe heretofore set on the north-
west side of Reedbird Avenue, 60 feet wide, at a point distant 516.02 feet
measured in a southwesterly direction on said northwest side of Reedbird
Avenue from its intersection with the southwest side of Seamon Avenue, 60
feet wide, said place of beginning being situate in the north outline of the plat
of "Southwood", which plat is recorded among the Land Records of Baltimore
City in Pocket Folder C.W.M., Jr. No. 2815, thence leaving said place of begin-
ning and running and binding on the said north outline of said plat of
"Southwood", referring all courses of this description to the Grid Meridian as
established by the Baltimore City Survey Control System, (1) North 60
degrees 55 minutes 01 seconds West 1.92 feet to a 1 inch iron pipe heretofore
set in the 1st line of the land which by deed dated May 4, 1925, and recorded
among the Land Records of Baltimore City in Liber S.C.L. No. 4382, folio 425,
was conveyed by John L. Sanford, et al, to the Mayor and City Council of
Baltimore, said iron pipe being situate at the southeast corner of the "Final
Plat of Cherry Hill Village" recorded among the Land Records of Baltimore
City in Liber M.L.P. No. 6699, folio 545, said iron pipe also being situate at the
end of the 2nd line of the land which by deed dated January 25, 1945, and
recorded among the Land Records of Baltimore City in Liber M.L.P. No.
6699, folio 549, was conveyed by The Penniman and Adkins Holding Company
to Cherry Hill Village, Inc., thence running and binding reversely on a part of
said 1st line of the 1st hereinmentioned deed, also binding on a part of the
southeast outline of the 2nd hereinmentioned plat and also binding reversely
on said 2nd line of the 2nd hereinmentioned deed, (2) North 38 degrees 40
minutes 00 seconds East 81.37 feet to a 1/2 inch iron bar now set on the
abovementioned northwest side of Reedbird Avenue, thence running and bind-

134 ORDINANCES Ord. No. 54

ing thereon, (3) southwesterly by a line curving to the left with a radius of
1 ,740.72 feet for a distance of 81 .08 feet (the arc of said curve being subtended
by a chord of South 37 degrees 19 minutes 56 second West 81.07 feet) to the
place of beginning, and containing 51 square feet (0.00117 acre) of land.

Said property being no longer needed for public use.

Sec. 2. Be it further ordained, That no deed or deeds shall pass in accordance
herewith until the same shall have been first approved by the City Solicitor.

Sec. 3. And be it further ordained, That this ordinance shall take effect from
the .date of its passage.

Approved May 2, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 54
(Council No. 108)

AN ORDINANCE concerning

ANIMAL CONTROL

FOR the purpose of providing that any person who surrenders a dog to the
Bureau of Animal Control may request that said dog not be used for research
projects but instead be humanely destroyed; requiring the Bureau of Animal
Control to comply with such a request; requiring the Bureau of Animal Control
in cases where a dog is surrendered by someone other than the owner of said
dog and where the owner of the dog can be identified, to notify the owner.

BY adding to

Article 11 -Health

by adding a new Subsection to Section 31

Section 31(h)

Baltimore City Code (1983 Replacement Volume, as amended)

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That
Section(s) of the Baltimore City Code (1983 Replacement Volume) be added,
repealed, or amended to read as follows:

ARTICLE 11 -Health

Animal Control

h. Any person who surrenders a dog to the Bureau of Animal Control may re-
quest that said dxyg not be used for research purposes but instead be hunuinely
destroyed. The Bureau of Animal Control shall coTtiply with such a request. In a
case where a dog is surretulered to the Bureau of Animal Control by a person

ORDINANCES 135

other than the owner of said dog, and if by a license tag or by other means the
owner of the dog can be identified, the Bureau of Animal Control shall imr
mediately upon surrender notify the owner by telephone or mail.

Sec. 2. And be it further ordained, That in case it be judicially determined that
any word, phrase, clause, item, sentence, paragraph, or section of this ordinance
or the application thereof to any person or circumstance, is invalid, the remain-
ing provisions and the application of such provisions to other persons or cir-
cumstances shall not be affected thereby, the Mayor and City Council hereby
declaring that they would have ordained the remaining provisions of this or-
dinance, without the word, phrase, clause, item, sentence, paragraph or section,
or the application thereof, so held invalid.

Sec. 3. And be it further ordained, That this ordinance shall take effect thirty
(30) days from the date of its passage.

Approved May 2, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 55
(Council No. 151)

AN ORDINANCE concerning

INDUSTRIAL DEVELOPMENT REVENUE BONDS -
(OLD FRIENDS LIMITED PARTNERSHIP PROJECT)

136 ORDINANCES Ord. No. 55

resolutions adopted prior to the issuance, sale and delivery of any series of such
bonds, to (a) prescribe, among other things but not limited to, the form, terms,
provisions, manner or method of issuing and selling (including negotiated as well
as competitive bid sale), and the time or times of issuance, and any and all other
details of such bonds, and (b) do any and all things necessary, proper or expe-
dient in connection with the issuance and sale of such bonds; providing that
Old Friends Limited Partnership shall agree to submit any plans and specifica-
tions to, and to coordinate with, the Department of Housing and Community
Development in connection with the completion of such project; providing that
such bonds (or bond anticipation notes issued in anticipation of the issuance of
such bonds) must be issued and sold within six months from the date this
Ordinance is approved by the Mayor, unless the Board of Finance approves
one six month extension as provided in this Ordinance; authorizing the is-
suance of notes in anticipation of the issuance of such revenue bonds; and
generally providing for and determining various matters and details in connec-
tion with the issuance and sale of such bonds and bond anticipation notes.

RECITALS

Sub-section (50) of Article II of the Charter of Baltimore City (1964 Revision),
as amended (the "Enabling Law"), empowers Mayor and City Council of
Baltimore (the "City") to borrow money to finance undertakings for the ac-
complishment of any of the purposes, objects and powers of the City and in con-
nection therewith to issue bonds, notes, or other obligations (including refunding
bonds, notes or other obligations), all of which shall be fully negotiable, payable,
as to both principal and interest, solely from and secured solely by a pledge of (I)
the revenues from or arising in connection with the property, facilities,
developments and improvements whose financing is undertaken by the issuance
of such bonds, notes or other obligations, (II) the revenues from or arising in con-
nection with any contracts, mortgages or other securities purchased or otherwise
acquired with the proceeds of such bonds, notes or other obligations, (III) the con-
tracts, mortgages or other securities purchased or otherwise acquired with the
proceeds of such bonds, notes or other obligations, or (IV) any combination of (I),
(II) or (III). The purposes, objects and powers of the City contemplated by the
Enabling Law include renovation of an abandoned structure into modern apart-
ment units and thereby increasing the availability of rental housing in Baltimore
City and increasing the City's tax base, the relief of conditions of unemployment
in Baltimore City, encouraging the increase of industry and a balanced economy
in Baltimore City, promoting economic development in Baltimore City, and pro-
moting the health, welfare and safety of the residents of Baltimore City.

The City has received a letter of intent from Herbert J. S i e gal SIEGEL, on
behalf of Old Friends Limited Partnership, a Maryland limited partnership (the
"Borrower") dated December 20, 1983 (such letter of intent, as supplemented, is
hereinafter referred to as the "Letter of Intent"), pursuant to which Herbert J.
Siegal SIEGEL, on behalf of the Borrower, has requested the City to participate
in the financing of the costs of the completion by the Borrower of a certain proj-
ect in Baltimore City, Maryland (the "Project"), by issuing and selling the City's
industrial development revenue bonds in the aggregate principal amount not to
exceed $3,000,000 (the "Bonds"), and by making the proceeds of the Bonds

ORDINANCES 137

available to the Borrower to be used by tiie Borrower for the sole and exclusive
purpose of financing the costs of the completion of the Project by the Borrower.

The Project, which is an "undertaking" which will accomplish the purposes, ob-
jects and powers of the City as mentioned in the Enabling Law, will consist
generally of (a) the acquisition of (i) a parcel of land containing approximately
24,245 square feet, located at 1714-1736 Park Avenue, in Bolton Hill, in
Baltimore City, and (ii) the building thereon, which contains approximately 50,000
square feet and is known as "Old Friends School", (b) the renovation of such
building into approximately 51 TO 53 rental apartments, (c) the construction of
approximately 27 parking spaces, (d) the acquisition and installation in such
building of any or all machinery and equipment, and any and all other im-
provements therein, as may be necessary or useful in connection with the opera-
tion thereof as a rental apartment facility, and (e) the acquisition of such other in-
terests in land as may be necessary or useful for the foregoing, including roads
and rights of access, utilities and other necessary site preparation facilities.
Upon completion, the Project will be owned by the Borrower and operated as a
rental apartment facility.

The Enabling Law provides that the City may authorize and empower the
Board of Finance of the City (the "Board") by resolution to determine and set
forth the form, terms, provisions, manner or methods of issuing and selling (in-
cluding negotiated as well as competitive bid sale), and the time or times of is-
suance, and any and all other details of the Bonds and the issuance and sale
thereof, and to do any and all things necessary, proper or expedient in connection
with the issuance and sale of the Bonds.

NOW THEREFORE. IN ACCORDANCE WITH THE ENABLING LAW:

Section I.Beit ordained by Mayor and City Council of Baltimore, That acting
pursuant to the Enabling Law, it is hereby found and determined as follows:

(1) The issuance and sale of the Bonds by the City pursuant to the Enabling
Law in order to make the proceeds thereof available to the Borrower for the sole
and exclusive purpose of financing the costs of completion of the Project will
facilitate and expedite the completion of the Project by the Borrower.

(2) The completion of the Project by the Borrower and the financing of the
costs of such completion as provided in this Ordinance will serve to promote the
general purposes contemplated by the Enabling Law by (a) renovating an aban-
doned structure into modern apartment units and thereby increasing the
availability of rental housing in Baltimore City and increasing the City's tax base;
(b) promoting economic development in Baltimore City; (c) encouraging the in-
crease of industry and a balanced economy in Baltimore City; and (d) promoting
the health, welfare and safety of the residents of Baltimore City.

138 ORDINANCES Ord. No. 55

other constitutional, statutory or charter provision limiting or restricting the
sale or issuance of bonds, notes or other obligations of the City. All of the Bonds
shall be limited obligations of the City, and shall be fully negotiable, payable, as
to both principal and interest, solely from and secured solely by a pledge of (I) the
revenues from or arising in connection with the Project, (II) the revenues from or
arising in connection with any contracts, mortgages or other securities pur-
chased or otherwise acquired with the proceeds of the Bonds, (III) the contracts,
mortgages or other securities purchased or otherwise acquired with the proceeds
of the Bonds, or (IV) any combination of (I), (II) or (III), all as the Board may ap-
prove by a resolution or resolutions adopted prior to the issuance, sale and
delivery of any of the Bonds.

Sec. 2. Arid be it further ordained, That the City is hereby authorized and em-
powered to issue and sell, at any time or from time to time and in one or more
series, as limited obligations of the City and not upon its full faith and credit, its
industrial development revenue bonds, in the aggregate principal amount not to
exceed $3,000,000, subject to the provisions of this Ordinance. The proceeds of
the Bonds will be made available to the Borrower under terms and conditions ap-
proved by the Board and set forth in a Resolution, and used by the Borrower for
the sole and exclusive purpose of financing the costs of the completion of the
Project.

Sec. 4. And be it further ordained, That, as permitted by the Enabling Law,
the Board is hereby authorized and empowered, by a resolution or resolutions
adopted prior to the issuance, sale and delivery of any of the Bonds, to:

(a) prescribe, among other things but not limited to, the amount, form, terms,
provisions, manner or method of issuing and selling (including negotiated as well
as competitive bid sale), and the time or times of issuance, and any and all other
details of the Bonds and the issuance and sale thereof;

(b) approve (i) the pledge or assignment by the City of any of the security
described in Section 5 of this Ordinance, pursuant to a trust agreement or similar
agreement, (ii) the form of any trust agreement or similar agreement, as pro-
vided in the Enabling Law, and (iii) such provisions in any such trust agreement
or similar agreement as the Board may deem reasonable and proper for the
security of the holders of the Bonds;

(d) do any and all things necessary, proper or expedient in connection with the
issuance, sale and delivery of the Bonds.

ORDINANCES 139

Sec. 5. And be it further ordained., That any and all of the Bonds shall not be
general obligations of the City and shall not be a pledge of or involve the faith
and credit or the taxing power of the City, and shall not constitute a debt of the
City, all within the meaning of Section 7 of Article XI of the Constitution of
Maryland or any other constitutional, statutory or charter provision limiting or
restricting the sale or issuance of bonds, notes or other obligations of the City.
All of the Bonds shall be limited obligations of the City, and shall be fully
negotiable, payable, as to both principal and interest, solely from and secured
solely by a pledge of (I) the r e v e nu e REVENUES from or arising in connection
with the Project, (II) the revenues from or arising in connection with any contracts,
mortgages or other securities purchased or otherwise acquired with the proceeds of
the Bonds, (III) the contracts, mortgages or other securities purchased or other-
wise acquired with the proceeds of the Bonds, or (IV) any combination of (I), (II)
or (III), all as the Board may approve by a resolution or resolutions adopted prior
to the issuance, sale and delivery of any of the Bonds.

Sec, 6. And be it further ordained, That the Borrower shall agree that:

(a) it will submit any plans and specifications for the Project to the Department
of Housing and Community Development for approval, and that the Department
of Housing and Conununity Development may refuse approval of any plans and
specifications for aesthetic or functional reasons; and

Sec. 7. And be it further ordained. That any and all of the Bonds shall be ex-
ecuted in the name of the City and on its behalf by the Mayor of the City, by his
manual or facsimile signature, and by the Director of Finance of the City, by his
manual or facsinule signature, and the corporate seal of the City or a facsimile
thereof shall be impressed or otherwise reproduced thereon and attested by the
Custodian of the City Seal, by his manual or facsimile signature. If the Bonds are
required to be manually signed by a trustee, issuing agent, fiscal agent,
registrar, or other agent or custodian, the signatures of the Mayor, the Director
of Finance and the Custodian of the City Seal may all be executed by facsimile.
Any trust agreement or other documents as the Board shall deem necessary to
effectuate the issuance, sale and delivery of the Bonds shall be executed in the
name of the City and on its behalf by the Mayor of the City by his manual or fac-
simile signature, and the corporate seal of the City or a facsimile thereof shall be
impressed or otherwise reproduced thereon and attested by the Custodian of the
City Seal by his manual signature. In case any officer whose signature or a fac-
simile of whose signature shall appear on the Bonds or any of the aforesaid
documents shall cease to be such officer before the delivery of the Bonds or any
of the other aforesaid documents, such signature or such facsimile shall never-
theless be valid and sufficient for all purposes, the same as if such officer had re-
mained in office until delivery. The Mayor of the City, the Director of Finance of
the City, the Custodian of the City Seal and other officials of the City are hereby
authorized and empowered to do ail such acts and things and execute such
documents and certificates as the Board may determine by resolution to be
necessary to carry out and comply with the provisions hereof

140 ORDINANCES Ord. No. 55

(a) prescribe, among other things but not limited to, the amount, form, terms,
provisions, nmnner or method of issuing and selling (including negotiated as well
as competitive bid sale), and the time or times of issuance, and any and all other
details of such bond anticipation notes and the issuance and sale thereof;

(c) approve the terms and conditions, including but not limited to the terms and
conditions of any documents to be executed and delivered by the City (other than
customary financing statements and closing certificates), under which the pro-
ceeds of such bond anticipation notes will be made available to the Borrower to
finance the costs of the completion of the Project; and

(d) do any and all things necessary, proper or expedient in connection with the
issuance, sale and delivery of such bond anticipation notes.

ORDINANCES 141

Sec. 11. And be it further ordained, That either the Bonds or bond anticipation
notes issued pursuant to Section 9 of this Ordinance in anticipation of the is-
suance of the Bonds must be issued and sold within six months from the date on
which this Ordinance is approved by the Mayor of the City; provided, however,
that the Board, after a showing of good cause at a public hearing held before the
Board prior to or after the expiration of such sue month period, may extend the
period during which either the Bonds or such bond anticipation notes may be
issued and sold for one additional term not to exceed six months from the date on
which the first six month period expired. The Board, in its sole discretion, and
without action by the City Council, shall determine the sufficiency, or lack
thereof, of the reasons presented for any requested extension of the six month
period. If an extension is granted, notice of such extension and the reasons
therefor must be sent to the City Council. To the extent that neither the Bonds
nor such bond anticipation notes are issued and sold within twelve months from
the date on which this Ordinance is approved by the Mayor of the City, the
authority provided in this Ordinance for the City to issue and sell the Bonds and
such bond anticipation notes shall expire.

Sec. \2.Andbe it further ordained, That this Ordinance shall take effect from
the date of its passage.

Approved May 2, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 56
(Council No. 159)

AN ORDINANCE concerning

INDUSTRIAL DEVELOPMENT REVENUE BONDS
B. GREEN & CO., INC.

FOR the purpose of authorizing and empowering the Mayor and City Council of
Baltimore (the "City") to issue, sell and deliver, at any time or from time to
time and in one or more series, its industrial development revenue bonds, as
limited obligations of the City and not upon its full faith and credit, to be
designated "Baltimore City, Maryland Industrial Development Revenue
Bonds (B. Green & Co., Inc. Project)," in the aggregate principal amount not to

142 ORDINANCES Ord. No. 56

exceed Two Million Five Hundred Thousand Dollars ($2,500,000.00) pursuant
to the provisions of Sub-Section (50) of Article II of the Charter of Baltimore
City (1964 Revision), as amended, for the sole and exclusive purpose of financ-
ing a portion of the costs, charges, fees and expenses of the acquisition of a
parcel of real property known as 410 Russell Street in Baltimore City,
Maryland and the improvements located thereon, the property to be used as
its principal place of business in Baltimore City; authorizing the Mayor of the
City to accept, on behalf of the City, the letter of intent of B. Green & Co., Inc.
to the City dated February 13, 1984; making certain legislative findings;
RESERVING IN THE CITY CERTAIN RIGHTS CONCERNING THE IS-
SUANCE OF SUCH BONDS; authorizing and empowering the Board of
Finance of the City, prior to the issuance, sale and delivery of such bonds, to
adopt a resolution pursuant to which the Board of Finance (a) SHALL AP-
PROVE THE ISSUANCE OF SUCH BONDS, (B) shall prescribe, among
other things, but not limited to, the form, terms, provisions, manner or
method of issuing and selling, and the time or times of issuance, and any and
all other details of such bonds, and (b) (C) do any and all things necessary,
proper or expedient in connection with the issuance and sale of such bonds;
authorizing the private (negotiated) sale of such bonds; and generally pro-
viding for determining various matters and details in connection with the
authorization, issuance, security, sale and payment of such bonds.

RECITALS

Sub-Section (50) of Article II of the Charter of Baltimore City (1964 Revision,
as amended) (the "Enabling Law"), empowers the Mayor and City Council of
Baltimore (the "City") to issue revenue bonds and to use the proceeds of the sale
of such revenue bonds to finance undertakings for the'accomplishment of any of
the purposes, objects and powers of the City. Some of the general objectives of
the City, contemplated by the Enabling Law, include (a) the relief of conditions of
unemployment in Baltimore City, (b) promoting the health, welfare and safety of
the residents of Baltimore City, and (c) promoting commercial and economic
development in Baltimore City.

The City has received a letter of intent dated February 13, 1984 (the "Letter of
Intent") from B. Green & Co., Inc., a Maryland corporation (the "Borrower"),
pursuant to which the Borrower has requested the City to participate in the
financing of the acquisition of a parcel of real property known as 410 Russell
Street in Baltimore City and the improvements located thereon (the "Project"),
by the issuance and sale by the City of its industrial development revenue bonds
in the aggregate principal amount not to exceed Two Million Five Hundred Thou-
sand Dollars ($2,500,000.00) and by loaning the proceeds of the revenue bonds to
the Borrower, upon the terms and conditions of a loan agreement to be entered
into between the City and the Borrower (the "Loan Agreement"), as permitted
by the Enabling Law (such loan being referred to as the "Loan").

The Project will consist generally of the acquisition of a parcel of real property
and the improvements thereon known as 410 Russell Street in Baltimore City
(the "Property'). Specifically, the proceeds of the revenue bonds will be used to
finance a portion of the costs of (a) acquiring the Property and (b) paying the

ORDINANCES 143

costs of issuance of the revenue bonds, including the expense of engraving and
printing the revenue bonds, the official statement and other legal documents
related thereto, advertising, legal and accounting fees and all other incidental ex-
penses connected therewith.

The Loan Agreement will require the Borrower (a) to use the proceeds of the
revenue bonds solely to finance the Project, and (b) to make Loan Payments
which will be sufficient to enable the City to pay the principal of and interest and
premium, if any, on the revenue bonds when and as the same shall become due
and payable.

As security for the revenue bonds, the City will enter into an Assignment and
Security Agreement (the "Assignment") with the original purchaser of the Bonds
(the "Original Purchaser"). Pursuant to the Assignment, the City will assign to
the Original Purchaser, its successors and assigns (among other things), (a) all of
the City's rights, title and interest in and to any remedies under the Loan Agree-
ment, including (without limitation) any and all collateral referred to therein, ex-
cepting only the right of the City to indemnification by the Borrower and to
payments to the City for expenses incurred by the City itself, (b) the receipts and
revenues of the City from the Loan, (c) all right, title and interest in and to and
remedies with respect to any and all other property of every description and
nature from time to time by delivery or by writing of any kind conveyed,
pledged, assigned or transferred, as and for additional security for the revenue
bonds, by the City or by anyone on its behalf or with its written consent, to the
Original Purchaser, its successors and assigns, and (d) all of the City's right, title
and interest in and to and remedies under such other documents, including
(without limitation) mortgages, deeds of trust, guaranties and security in-
struments, as the Board of Finance shall deem necessary to effectuate the is-
suance, sale and delivery of any of the Bonds.

The Bonds will be sold at a private (negotiated) sale.

NOW THEREFORE, IN ACCORDANCE WITH THE ENABLING LAW:

Section. 1. Be it ordained by the Mayor and City Council of Baltimore, That
acting pursuant to the Enabling Law, it is hereby found and determined as
follows:

(1) The issuance and sale of the revenue bonds by the City pursuant to the
Enabling Law in order to lend the proceeds thereof to the Borrower for the sole
and exclusive purpose of financing a portion of the costs of the Project will
facilitate, enable and expedite the construction of the Project by the Borrower.

(2) The construction of the Project by the Borrower and the financing thereof
as provided in this Ordinance will serve to promote the general purposes
contemplated by the Enabling Law by (a) sustaining and increasing jobs and
employment in Baltimore City, thus relieving conditions of unemployment in
Baltimore City; (b) promoting the health, welfare and safety of the residents of
Baltimore City; and (c) promoting commercial and economic development in
Baltimore City.

(3) Neither the revenue bonds nor the interest or premium, if any, thereon shall
ever be general obligations of the City or constitute a pledge of or involve the

144 ORDINANCES Ord. No. 56

faith and credit or the taxing powers of the City, and neither shall constitute a
debt of the City within the meaning of Section 7 of Article XI of the Constitution
of Maryland or within the meaning of any other constitutional or charter provi-
sion or statutory limitation, and neither shall ever constitute or give rise to any
pecuniary liability of the City. The revenue bonds and the interest thereon shall
be limited obligations of the City, repayable by the City solely from the revenue
derived from Loan repayments (both principal and interest) made to the City by
the Borrower on account of the Loan and from any other moneys made available
to the City for such purpose. The proceeds of the revenue bonds will be paid
directly to the Borrower. Payments of the principal of and premium (if any) and
interest on the Loan will be paid by the Borrower to the Original Purchaser, its
successors and assigns, as provided in the Assignment to be approved by the
Board of Finance in the Resolution. No such moneys will be commingled with the
City's funds or will be subject to the absolute control of the City, but will be sub-
ject only to such limited supervision and checks as are deemed necessary or
desirable by the City to insure that the proceeds of the revenue bonds are used to
accomplish the public purposes of the Enabling Law and this Ordinance. The
transaction authorized hereunder shall in no event constitute a capital project
within the meaning of any charter or statutory provision. The public purposes ex-
pressed in the Enabling Law are to be achieved by facilitating, enabling and ex-
pediting the construction of the Project by the Borrower.

(4) The City will acquire no interest in the Project other than (a) any general in-
terest in the Borrower's property shared by all holders of the Borrower's obliga-
tions which rank and are secured equally with the Borrower's obligations
pursuant to the Loan Agreement, (b) any lien and security interest created by the
Loan Agreement, and (c) any interest created by any other mortgage or deed of
trust or other security instrument executed and delivered by the Borrower or
any third party as security for the Loan or the revenue bonds as the Board of
Finance may provide for and approve in the Resolution. The security for the
revenue bonds shall be solely and exclusively (a) the absolute, irrevocable and un-
conditional obligation of the Borrower to make the payments required by the
Loan Agreement, (b) moneys realized from the liquidation of any lien and securi-
ty interest created by the Loan Agreement and of any other lien or security in-
terest created with respect to any property as security for the Loan or the
revenue bonds, as the Board of Finance may provide for and approve in the
Resolution, and (c) moneys realized from any guaranty of the revenue bonds or of
the Loan as the Board of Finance may provide for and approve in the Resolution.

(5) The Borrower shall covenant and agree in the Loan Agreement to properly
operate and maintain the Project during the time any of the revenue bonds are
outstanding. Such covenant and agreement shall include a specific undertaking
by the Borrower to make all replacements and repairs necessary to insure that
the security for the revenue bonds shall not be impaired.

(6) The best interests of the City will be served by selling the revenue bonds at
private (negotiated) sale, as authorized by the Enabling Law, upon terms and
conditions approved by the Board of Finance in the Resolution.

Sec. 2. And be it further ordained, That the City is hereby authorized and em-
powered to issue, sell and deliver, as limited obligations of the City and not upon

ORDINANCES 145

its full faith and credit, its Baltimore City, Maryland Industrial Development
Revenue Bonds (B. Green & Co., Inc. Project), in the aggregate principal amount
not to exceed Two Million Five Hundred Thousand Dollars ($2,500,000.00) (the
"Bonds"), subject to the provisions of this Ordinance. The proceeds of the Bonds
will be loaned to the Borrower pursuant to the terms and provisions of the Loan
Agreement, to be used by the Borrower for the sole and exclusive purpose of
financing a portion of the costs of the Project. The Bonds and the interest
thereon shall be limited obligations of the City, repayable by the City solely from
the revenue derived from Loan repayments (both principal and interest) made to
the City by the Borrower pursuant to the Loan Agreement and from any other
moneys made available to the City for such purpose. The security for the Bonds
shall be solely and exclusively as provided in Section 1 of this Ordinance.

Sec. 3. And he it further ordained. That this Ordinance constitutes the binding
commitment of the City to issue the Bonds, and the Mayor of the City is hereby
authorized to accept the Letter of Intent on behalf of the City in order to further
evidence the binding commitment of the City to issue the Bonds in accordance
with the terms and provisions of this Ordinance. THE CITY INTENDS THAT
THE ENACTMENT OF THIS 0RDINAN(:E SHALL BE AND CONSTITUTE
"OFFICIAL ACTION" WITHIN THE MEANING OF SECTION 1.103-8(AX5)
OF THE INCOME TAX REGULATIONS PRESCRIBED BY THE UNITED
STATES DEPARTMENT OF TREASURY PURSUANT TO SECTION 103 OF
THE INTERNAL REVENUE CODE OF 1954, AS AMENDED. THE CITY
AND THE BORROWER CONTEMPLATE THAT, UPON THE EFFECTIVE-
NESS OF THIS ORDINANCE, THE BORROWER MAY COMMENCE THE
ACQUISITION OF THE PROJECT PRIOR TO THE ISSUANCE, SALE AND
DELIVERY OF THE BONDS; PROVIDED, HOWEVER THAT IF THE BOR-
ROWER pr(x:eeds with the acquisition of the project prior

TO THE ADOPTION OF A RESOLUTION BY THE BOARD, AS DESCRIBED
IN SECTION 5(A) BELOW. THE BORROWER DOES SO AT ITS OWN RISK.

SEC. 4. AND BE IT FURTHER ORDAINED, THAT THE CITY RE-
SERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO
TAKE ANY ACTIONS DEEMED NECESSARY BY THE CITY IN ORDER
TO INSURE THAT THE CITY (A) COMPLIES WITH PRESENT FEDERAL
AND STATE LAWS AND ANY PENDING OR FUTURE FEDERAL OR
STATE LEGISLATION, WHETHER PROPOSED OR ENACTED, WHICH
MAY RESTRICT THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
BONDS. AND (B) ISSUES ITS BONDS (WITHIN THE MEANING OF THE
ENABLING LAW AND ANY PRESENT OR FUTURE STATE AND LOCAL
LAWS). WITHIN THE LIMITS IMPOSED BY ANY SUCH PRESENT LAWS
OR ANY SUCH PENDING OR FUTURE LEGISLATION OR ANY FUTURE
LOCAL LAWS. TO FINANCE THOSE FACILITIES WHICH THE CITY
DETERMINES. IN ITS SOLE AND ABSOLUTE DISCRETION. WILL PRO-
VIDE THE GREATEST BENEFIT TO THE CITY.

PURSUANT TO THE PROVISIONS OF THIS SECTION 4. THE CITY
RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION,
TO, AMONG OTHER THINGS, (1) NEVER ISSUE THE BONDS, (2) ISSUE

146 ORDINANCES Ord. No. 56

ONLY A PORTION OF THE AGGREGATE PRINCIPAL AMOUNT OF THE
BONDS REQUESTED BY THE BORROWER, (3) RESTRICT THE USE OF
THE PROCEEDS OF THE BONDS, (4) DELAY INDEFINITELY THE IS-
SUANCE OF THE BONDS, OR (5) TAKE ANY OTHER ACTIONS DEEMED
NECESSARY BY THE CITY, IN ITS SOLE AND ABSOLUTE DISCRETION,
IN ORDER TO INSURE THAT THE CITY ACHIEVES THE GOALS SET
FORTH IN THE PRECEDING PARAGRAPH.

IN ADDITION, IN THE EVENT THAT ANY PRESENT LAW OR ANY
PENDING OR FUTURE LEGISLATION LIMITS OR WOULD LIMIT (BY A
VOLUME CAP OR OTHERWISE) THE CITY'S ABILITY TO ISSUE BONDS
OR OTHER OBLIGATIONS, THE INTEREST PAYABLE ON WHICH IS TO
BE EXEMPT FROM FEDERAL INCOME TAXATION, THE CITY
RESERVES THE RIGHT TO CHOOSE TO ISSUE ITS BONDS (WITHIN THE
MEANING OF THE ENABLING LAW AND ANY PRESENT OR FUTURE
STATE AND LOCAL LAWS) FOR PROJECTS OTHER THAN THE PROJ-
ECT. IN SUCH ORDER OF PRIORITY AS IT MAY DETERMINE IN ITS
SOLE AND ABSOLUTE DISCRETION.

Sec. 4 5. And be it further ordained, That each of the Bonds shall bear the
descriptive title "Baltimore City, Maryland Industrial Development Revenue
Bonds (B. Green & Co., Inc. Project)", provided, that the descriptive title may
contain such other descriptive information as the Board of Finance may
prescribe in the Resolution (e.g. "1984 Series"). The Bonds shall bear interest at
the rate or rates of interest to be determined by negotiation with the Original
Purchaser of the Bonds and to be approved and prescribed by the Board of
Finance in the Resolution.

Sec. h 6. And be it further ordained. That the definitive Bonds, which may be
engraved, printed or typewritten, shall be in such form, not inconsistent with the
Enabling Law and the provisions of this Ordinance, as the Board of Finance may
apj^rove in the Resolution.

Sec. %1. And be it further ordained, That the Bonds shall be executed in the
name of the City and on its behalf by the Mayor of the City, by his manual or fac-
simile signature, and by the Director of Finance of the City, by his manual or fac-
simile signature, and the corporate seal of the City or a facsimile thereof shall be
impressed or otherwise reproduced thereon and attested by the Custodian or the
Alternate Custodian of the City Seal, by his manual signature. The Loan Agree-
ment, the Assignment and, where applicable, all other documents as the Board of
Finance shall deem necessary to effectuate the issuance, sale and delivery of the
Bonds, shall be executed in the name of the City and on its behalf by the Mayor of
the City by his manual signature, and the corporate seal of the City or a facsimile
thereof shall be impressed or otherwise reproduced thereon and attested by the
Custodian or the Alternate Custodian of the City Seal by his manual signature.
In case any officer whose signature or a facsimile of whose signature shall appear
on the Bonds or any of the aforesaid documents shall cease to be such officer
before the delivery of the Bonds or any of the other aforesaid documents, such
signature or such facsimile shall nevertheless be valid and sufficient for all pur-

ORDINANCES 147

poses, the same as if such officer had remained in office until delivery. The Mayor
of the City, the Director of Finance of the City, the Custodian or the Alternate
Custodian of the City Seal and other officials of the City are hereby authorized
and empowered to do all such acts and things and execute such documents and
certificates as the Board of Finance may determine in the Resolution to be
necessary to carry out and comply with the provisions hereof

Sec. ? 8. And be it further ordained. That the Bonds shall be executed, issued
and delivered at any time or from time to time in one or more series and in such
amount or amounts not exceeding, in the aggregate, the principal amount of Two
Million Five Hundred Thousand Dollars ($2,500,000.00), as the Board of Finance
shall prescribe in the Resolution.

Sec. ^9. And be it further ordained, That the Bonds shall be dated, shall be in
such denominations, shall be of such form and tenor, and shall be payable in such
amounts at such times not exceeding twenty (20) years from the first day of the
first month immediately following the date thereof and at such place or places as
the Board of Finance shall prescribe in the Resolution.

Sec. 9 10. And be it further ordained, That the Bonds may be subject to
redemption prior to their stated maturities upon such other terms and conditions
as the Board of Finance shall prescribe in the Resolution.

Sec. fO 11. And be it further ordained, That prior to the issuance, sale and
delivery of the Bonds, the Board of Finance shall adopt the Resolution pursuant
to which the Board of Finance shall:

(A) APPROVE THE ISSUANCE OF THE BONDS;

(a) (B) prescribe the form, tenor, terms, provisions and conditions of and secur-
ity for the Bonds;

ih) (C) prescribe the actual amounts, rates of interest, denominations, date, ac-
tual maturity or maturities (within the limits herein prescribed), and the place or
places of payment of the Bonds, and the terms and conditions and details under
which the Bonds may be called for redemption prior to their stated maturities;

(t^(D) approve the form and contents, and authorize the execution and delivery
(where applicable) of (i) the Loan Agreement, (ii) the Assignment, and (iii) such
other documents, including (without limitation) mortgages, deeds of trust,
guaranties and security instruments as the Board of Finance shall deem
necessary to approve in order to effectuate the issuance, sale and delivery of the
Bonds;

(^ (E) determine the time of execution, issuance, sale and delivery of the
Bonds and prescribe any and all other details of the Bonds;

(e) (F) provide for the direct payment by the Borrower of all costs, fees and ex-
penses incurred by or on behalf of the City in connection with the issuance, sale
and delivery of the Bonds, including (without limitation) costs or printing (if any)
and issuing the bonds, legal expenses and compensation to any person (other
than full time employees of the City) performing services by or on behalf of the
City in connection therewith; and

148 ORDINANCES Ord. No. 56

if) (G) do any and all things, and authorize the officials of the City to do any and
all things, necessary, proper or expedient in connection with the issuance, sale
and delivery of the Bonds.

Sec. H 12. And be it further ordained, That the Loan Agreement and the
Assignment shall contain such terms, provisions and conditions, not inconsistent
with the Enabling Law and the provisions of this Ordinance, as the Board of
Finance shall approve in the Resolution.

Sec. 12 13. And be it further ordained, That, as authorized by the Enabling
law, the Bonds shall be sold at private (negotiated) sale upon terms and condi-
tions and shall be approved by the Board of Finance in the Resolution.

Sec. iS 14. And be it further ordained. That neither the Bonds nor the interest
or premium, if any, thereon shall ever be general obligations of the City or con-
stitute a pledge or involve the faith and credit or the taxing powers of the City,
and neither shall constitute a debt of the City within the meaning of Section 7 of
Article XI of the Maryland Constitution or any other constitutional or charter
provision or statutory limitation, and neither shall ever constitute or give rise to
any pecuniary liability on the part of the City. The Bonds, and the interest and
premium, if any, thereon, shall be limited obligations of the City, the principal of
and interest and premium (if any) on which Bonds shall be payable by the City
solely from the revenue derived from Loan repayments (both principal and in-
terest) made to the City by the Borrower on account of the Loan and, to the ex-
tent provided by the Board of Finance in the Resolution, from the proceeds of the
Blonds, and from any other moneys made available to the City for such purpose.
The proceeds of the Bonds will be paid directly to the Borrower. The payments to
be made by the Borrower pursuant to the Loan Agreement will be paid directly
to the Original Purchaser, its successors or assigns as provided in the Assign-
ment to be approved by the Board of P^inance in the Resolution. No such moneys
will be commingled with the City's funds or will be subject to the absolute control
of the City, but will be subject only to such limited supervision and checks as are
deemed necessary or desirable by the City to insure that the proceeds of the
Bonds are used to accomplish the public purposes of the Enabling Law and this
Ordinance.

Sec. i4 15. And be it further ordained. That in consideration of the purchase
and acceptance of the Bonds by those who shall hold the Bonds from time to time,
the City does hereby, and by the execution and delivery of the Assignment to be
approved by the Board of Finance shall, set aside and pledge the income and
revenue under the Loan Agreement (other than payments to the City for indem-
nification or to reimburse the City for expense incurred by the City itself) to the
Original Purchaser, its successors and assigns, to be used and applied for the pay-
ment of the principal or and interest on the Bonds. Pursuant to the terms of the
Loan Agreement, to be approved by the Board of Finance in the Resolution,
payments sufficient for the prompt payment when due of the principal of,
premium, if any, and interest on the Bonds to be paid by the Borrower to the
Original Purchaser, its successors and assigns, for the account of the City and
such payments shall be assigned by the City to the Original Purchaser, its suc-
cessors and assigns, as provided in the Assignment.

ORDINANCES 149

Sec. ^ \6. Ajid be it further ordained, That pursuant to the Enabling Law, the
Bonds and their transfer, and the principal and interest payable thereon (in-
cluding any profit made in the sale thereof) shall be and remain exempt from any
and all state, county and municipal taxation in the State of Maryland.

Sec. i€ 17. And be it further ordained. That the Board of Finance is hereby
authorized and empowered to adopt resolutions from time to time to supplement
the Resolution and to approve by such resolutions, supplements or amendments
to or substitutes for the Bonds, the Assignment, the Loan Agreement and the
other documents to be approved by the Board of Finance in the Resolution, pro-
vided that each such supplemental resolution and each such supplement, amend-
ment or substitute shall be in accord with the provisions of the Enabling Law and
this Ordinance. Such supplements, amendments and substitutes nmy include,
without limitation, an alteration in the rate or rates of interest payable on the
bonds and the loan, an adjustment in the terms of payment of the Bonds, and the
Loan and, within the limits authorized by this Ordinance, the issuance of one or
more additional series of bonds. (If the supplemental resolutions provides for the
issuance of an additional series of bonds, it shall be deemed to be part of the
Resolution for the purposes of this Ordinance to the extent applicable.) All such
supplements, amendments and substitutes and all documents necessary to effec-
tuate such supplements, amendments and substitutions shall be executed in the
name of the City and on its behalf by the Mayor of the City by his manual
signature, and the corporate seal of the City or a facsimile thereof shall be im-
pressed or otherwise reproduced thereon and attested by the Custodian or the
Alternate Custodian of the City Seal by his manual signature. In case any officer
whose signature or a facsimile of whose signature shall appear on any of such
amendments, substitutes or other documents shall cease to be such officer before
the delivery thereof, such signature, or such facsimile shall nevertheless be valid
and sufficient for all purposes, the same as if such officer had remained in office
until delivery. The Mayor of the City, the Director of Finance of the City, the
Custodian or the Alternate Custodian of the City Seal and other officials of the
City are hereby authorized and empowered to do all such acts and things and ex-
ecute such documents and certificates as the Board of Finance may determine in
any such supplemental resolution to be necessary to carry out and comply with
the provisions hereof

Sec. i? 18. And be it further ordained. That the provisions of this Ordinance
are severable, and if any provision, sentence, clause, section or part hereof is
held illegal, invalid or unconstitutional or inapplicable to any person or cir-
cumstances, such illegality, invalidity or unconstitutionality, or inapplicability
shall not affect or impair any of the remaning provisions, sentences, clauses, sec-
tions, or parts of this Ordinance or their application to other persons or cir-
cumstances. It is hereby declared to be the legislative intent that this Ordinance
would have been passed if such illegal, invalid or unconstitutional provision,
sentence, clause, section or part had not been included herein, and if the person
or circumstances to which this Ordinance or any part hereof are inapplicable had
been specifically exempted herefrom.

Sec. ifi 19. And be it further ordained. That, if the Bonds are not issued and
sold within six months from the date on which this Ordinance is approved by the

150 ORDINANCES Ord. No. 57

Mayor of the City, the authorization provided in this Ordinance for the City to
issue and sell the Bonds shall expire; provided, however, that the Board of
Finance may, after a showing of good cause at a public hearing held before the
Board of Finance, extend such authorization for one additional term not to ex-
ceed six months. The Board of Finance, in its sole discretion, shall determine the
sufficiency, or lack thereof, of the reasons presented for any requested exten-
sions of this Ordinance. If an extension is granted, notice of such extension and
the reasons therefor must be sent to the City Council. To the extent that the
Bonds are not issued and sold within twelve (12) months from the date on which
this Ordinance is approved by the Mayor of the City, the authority provided in
this Ordinance for the City to issue and sell the Bonds shall expire.

Sec. 1^ 20. And be it further ordained, That this Ordinance shall take effect
from the date of its passage.

Approved May 2, 1984

WILLIAM DONALD SCHAEFER. Mayor.

No. 57
(Council No. 160)

AN ORDINANCE concerning

ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS -

MUTUAL HOUSING ASSOCIATION OF BALTIMORE, INC.

(ALAMEDA PLACE)

FOR the purpose of authorizing and providing for the issuance, sale and delivery
by Mayor and City Council of Baltimore (the "Cit/') of its revenue bonds in an
aggregate principal amount not to exceed $2,000,000 pursuant to the provi-
sions of the Maryland Economic Development Revenue Bond Act, or such
other statutory authority as may be effective when the bonds are issued, in
order to lend or otherwise make available the proceeds thereof to the Mutual
Housing Association of Baltimore, Inc., a Maryland private non-profit
organization, for the purpose of financing and refinancing the acquisition of
certain property located at The Alameda and Coldspring Lane and the con-
struction on that property of approximately 90 units of mutual housing;
authorizing the acceptance of a letter of intent as evidence of the present in-
tent of the City to issue such revenue bonds; making certain legislative find-
ings, among others, concerning the public benefit and purpose of such revenue
bonds; providing that the principal amount of such revenue bonds and the in-
terest thereon (a) shall be payable solely from the revenues to be received in
connection with the financing of such facilities and from any other money
made available to the City for such purpose as provided in this Ordinance and
(b) shall never constitute an indebtedness or a charge against the full faith and
credit or taxing powers of the City within the meaning of any constitutional or
charter provision or statutory limitation and shall never constitute or give rise
to any pecuniary liability of the City; authorizing the Board of Finance, by

ORDINANCES 151

resolution, order or otherwise, to specify, prescribe, determine, provide for
and approve all other matters, details, forms, documents and procedures per-
taining to the authorization, sale, security, issuance, delivery and payment of
and for such revenue bonds; and generally providing for and determining
various matters in connection with the authorization, issuance, sale, delivery,
security and payment of such revenue bonds and the consummation of the
transactions contemplated by this Ordinance.

RECITALS

The Maryland Economic Development Revenue Bond Act, Sections 266A
through 266-1 of Article 41 of the Annotated Code of Maryland (1982 Replace-
ment Volume), as amended, (the "Act"), empowers the counties and
municipalities of the State of Maryland to borrow money by issuing revenue
bonds for the purpose of financing the cost of acquiring, constructing,
reconstructing, extending, improving, rehabilitating or remodeling any "facility"
or "facilities" (defined in the Act). The declared legislative purposes of the Act
are to relieve conditions of unemployment in the State of Maryland (the "State");
to encourage the increase of industry and commerce and a balanced economy in
the State; to assist in the retention of existing industry and commerce and in the
attraction of new industry and commerce in the State through, among other
things, port development and the control, reduction, or abatement of pollution of
the environment and the utilization and disposal of wastes; to promote economic
development; to protect natural resources and encourage resource recovery and
generally to promote the health, welfare and safety of the residents of each of the
counties and municipalities of the State.

On December 5, 1983, the City Council adopted a Resolution (Bill No. 1792)
(the "Resolution") as official action of the City, indicating the City's intent to sell
revenue bonds not to exceed $2,000,000 in principal amount, the proceeds of
which were to be loaned to Mutual Housing Association of Baltimore, Inc., a
Maryland private, non-profit organization (the "Borrower") for the acquisition,
development, and equipping of certain property located at The Alameda and
Coldspring Lane in the City of Baltimore with approximately 90 mutual housing
units (the "Facilities"). The Resolution further provided that it did not constitute
final authority for the issuance, sale, and delivery of the bonds contemplated by
the Resolution since a proper ordinance and resolution must be enacted and
resolved, as the case may be, in accordance with the provisions of applicable law,
providing for the authorization, issuance, sale and delivery of revenue bonds and
determining all other matters in connection with the consummation of the trans-
actions contemplated by the Resolution.

On February 13, 1984, the "Borrower, submitted a letter of intent (the "Letter
of Intent") to the City requesting the issuance of revenue bonds in a principal
amount not exceeding $2,000,000, and the loan of the proceeds of such bonds,
directly or indirectly, to the Borrower for the purpose of the acquisition, develop-
ment and equipping of the Facilities, including (1) the acquisition of a tract of
land upon which the improvements are to be constructed (2) the performance of
all necessary site work in connection with the development of the property, (3)
the construction of approximately 90 housing units and development of common

152 ORDINANCES Ord. No. 57

spaces and open areas, (4) the acquisition of machinery and equipment and other
useful improvements necessary or suitable for the operation of residential rental
property or the operation of the Facilities and (5) the acquisition of such other in-
terests in land as may be necessary or suitable for the foregoing, including roads
and rights of access, utilities and other necessary site preparation. The Borrower
recognizes that such bonds are limited obligations of the City and are not to be
issued upon the City's faith and credit or taxing powers. The City has determined
to authorize the issuance of such bonds.

Section I. Beit ordained by the Mayor and City Council of Baltimore, That,
acting pursuant to the Act, it is hereby found and determined as follows:

(a) The City intends to issue and sell its revenue bonds, notes or other
evidences of obligation authorized by the Act (the "Bonds") in an aggregate prin-
cipal amount not to exceed $2,000,000 in order to lend or otherwise make
available the proceeds thereof (the "Loan") to Mutual Housing Association of
Baltimore, Inc., a Maryland private, non-profit organization (the "Borrower"),
for the purpose of financing and refinancing the acquisition, development and
equipping of the Facilities. The Facilities shall include land or interests in land,
buildings, structures, machinery, equipment, furnishings or other real or per-
sonal property necessary or desirable in connection with the Borrower's opera-
tions at the site at The Alameda and Coldspring Lane. The term "acquisition"
shall have the meaning prescribed in the Act and shall include acquisition, con-
struction, reconstruction, extension, improving, rehabilitation and remodelling.

(b) The Facilities constitute a "facility" within the meaning of the Act. The Bor-
rower constitutes a "facility applicant" within the meaning of the Act, as evi-
denced by a letter dated February 13, 1984 (the "Letter of Intent"), in which the
Borrower proposed the contemplated transactions to the City. The Borrower
constitutes a "facility user" within the meaning of the Act.

(c) The issuance, sale and delivery of the Bonds will promote and expedite the
acquisition of the Facilities. The accomplishment of the transactions con-
templated and authorized by this Ordinance, including (without limitation) the ac-
quisition of the Facilities and the financing thereof, shall promote the declared
legislative purposes of the Act by relieving conditions of unemployment in the
City and the State, encouraging the increase of industry and commerce and a
balanced economy in the City and the State, assisting in the retention of existing
industry and commerce and in the attraction of new industry and commerce in
the City and the State, promoting economic development and generally pro-
moting the health, welfare and safety of the residents of the City and the State.

(d) The principal of, premium, if any, and interest on the Bonds shall never con-
stitute an indebtedness or a charge against the full faith and credit or taxing
powers of the City within the meaning of any constitutional or charter provision
or statutory limitation and shall never constitute or give rise to any pecuniary
liability of the City. The Bonds shall be limited obligations of the City, the prin-
cipal of, premium, if any, and interest on which shall be payable solely from the
revenues received in connection with the financing of the Facilities and from any
other moneys made available to the City for such purpose.

ORDINANCES 153

(e) Neither the proceeds of the Bonds nor the payment of the principal of and
premium, if any, and interest on the Bonds will be commingled with the City's
funds or will be subject to the absolute control of the City, but will be subject only
to such limited supervision and checks as are deemed necessary or desirable to
insure that the proceeds of the Bonds are used to accomplish the public purposes
of the Act and this Ordinance.

(f) This Ordinance is in furtherance of the Resolution of the City Council, Bill
No. 1792, passed December 5, 1983, concerning Industrial Revenue Bonds-
Mutual Housing Association of Baltimore, Inc.

Sec. 2. And be it further ordained, That the Mayor is hereby authorized to ac-
cept, on behalf of the City, the Letter of Intent to evidence the City's intent to
issue the Bonds as provided in this Ordinance. The City contemplates that the
Borrower may proceed with the acquisition of the Facilities prior to the issuance
of the Bonds.

Sec. 3. And be it further ordained, That the City is hereby authorized to issue,
sell and deliver the Bonds at any time and from time to time in one or more series
in an aggregate principal amount not to exceed TWO MILLION DOLLARS
($2,000,000), in order to lend or otherwise make available the proceeds thereof
(the "Loan"), to the Borrower for the purpose of financing and refinancing the ac-
quisition of the Facilities, including (without limitation) the expenses of prepar-
ing, printing, selling and issuing the Bonds, the funding of any reserves in con-
nection with the Bonds, the payment of interest with respect to the financing of
the acquisition of the Facilities by the Bonds for a period to be determined by the
Board of Finance by resolution, order or otherwise but not to exceed three years
from the date of issuance of the Bonds, and the payment of other costs permitted
by the Act. The Bonds may be issued in one or more series. The principal of,
premium, if any, and interest on the Bonds shall be payable solely from the
revenues to be received in connection with the financing of the Facilities and
from any other moneys made available to the City for such purpose all as more
particularly specified, prescribed and determined by the Board of Finance by
resolution, order or otherwise.

The authority to issue the Bonds is intended to and shall include the authority
to issue revenue refunding bonds. Reference herein to the "Bonds" shall include
revenue refunding bonds where appropriate. If revenue refunding bonds are
issued, the outstanding principal amount of any "refunded bonds" (as hereinafter
defined) shall not be taken into account in determining the aggregate principal
amount of Bonds issued, sold and delivered hereunder. The term "refunded
bonds" means any Bonds (i) for the payment of which (both principal and interest)
provision has been made from the proceeds (including any earnings on the invest-
ment thereof) of revenue refunding bonds issued pursuant to this Ordinance or
other sources or (ii) which have been paid from such proceeds, in either case
whether such provision for payment, or such payment is made at or prior to the
maturity of such Bonds.

Sec. 4. And be it further ordained. That the Board of Finance is hereby
authorized to specify, prescribe, determine, provide for and approve, all within

154 ORDINANCES Ord. No. 57

the limitations of this Ordinance and the Act, all matters, details, forms,
documents and procedures pertaining to the sale, security, issuance, delivery and
payment of or for the Bonds, including (without limitation):

(a) the principal amount of Bonds to be issued at any one time and from time to
time; the rate or rates of interest thereon; the date or dates of maturity thereof
that are within thirty years of the date of issuance of such series of Bonds (or
such later date as may be permitted by the terms of the Act in effect on the date
of issuance of such series of Bonds); payment provisions therefor; prepayment,
sinking fund and redemption provisions (if any) thereof; the designation or
designations of the Bonds and of any series thereof and the date or dates of is-
suance thereof at any one time and from time to time;

(b) the form, tenor, terms and conditions of the Bonds, and provisions for the
registration and transfer of the Bonds;

(c) the form and contents of, and provisions for the execution and delivery of,
such financing documents as the Board of Finance shall deem necessary or
desirable to evidence, secure or effectuate the Loan and the issuance, sale and
delivery of the Bonds, including (without limitation) any loan agreements, notes,
mortgages, security agreements, guarantees, financing agreements or escrow
agreements;

(d) provision for the payment directly by the Borrower of all expenses of
preparing, printing and selling the Bonds, mcluding (without limitation) any and
all costs, fees and expenses incurred by or on behalf of the City in connection
with the authorization, issuance, sale and delivery of the Bonds, and all costs in-
curred in connection with the development of the appropriate legal documents,
including the fees of counsel to the City and compensation to any persons (other
than full-time employees of the City) or entities performing services for or on
behalf of the City in connection therewith and in connection with all other trans-
actions contemplated by this Ordinance whether or not the proposed financing is
consummated.

(e) the creation of security for the Bonds and provision for the administration
of the Bonds, including (without limitation) the appointment of such trustees,
escrow agents, paying agents, registrars or other agents as the Board of Finance
shall deem necessary or desirable to effectuate the transactions authorized
hereby;

(f) the preparation and distribution, in conjunction with representatives of the
Borrower and the prospective purchasers of or underwriters for the Bonds of
any series, of both a preliminary and a final official statement, a placement
memorandum or an offering circular in connection with the sale of the Bonds of
any series, if such preliminary official statement and final official statement,
placement memorandum or offering circular are determined to be necessary or
desirable for the sale of the Bonds of such series; provided, however, that any
such preliminary official statement, placement memorandum or offering circular
shall be clearly marked to indicate that it is subject to completion and amend-
ment;

ORDINANCES 155

(g) the form and content of, and provisions for the execution and delivery of, a
contract or contracts for the purchase and sale of the Bonds of any series (or any
portion thereof); and

(h) such other matters in connection with the authorization, issuance, execu-
tion, sale, delivery and payment of the Bonds, and the security for the Bonds and
the Loan and the consummation of the transactions contemplated by this Or-
dinance, as may be deemed appropriate and approved by the Board of Finance,
including (without limitation) establishing procedures for the execution, acknowl-
edgement, sealing and delivery of such other and further agreements, documents
and instruments, and the authorization of the officials of the City to take any and
all actions, as are or may be necessary or appropriate to consummate the trans-
actions contemplated by this Ordinance in accordance with the terms hereof.

The Board of Finance is authorized to prescribe procedures to facilitate the
prompt determination and approval of one or more of the matters set forth
above. Such procedures may include telephonic approval and subsequent
telegraphic or written confirmation of one or more of such matters by a
designated officer of the City within guidelines or parameters prescribed by the
Board of Finance. The Board of Finance is further authorized (1) to establish pro-
cedures for the utilization of variable or floating rates of interest, (2) to enter into
arrangements with a bank or other appropriate institution to facilitate the pur-
chase, repurchase, sale, transfer or payment of Bonds, including (without limita-
tion) the use of general or standby letters of credit, revolving credit facilities,
repurchase agreements or other similar arrangements, and (3) to take such ac-
tions as may be necessary to implement a program for the issuance of Bonds in
the nature of commercial paper, demand notes or floating rate obligations.

Resolutions adopted and orders issued pursuant to this Ordinance shall be
deemed to be of an administrative nature and shall be effective upon the effective
date specified therein.

Sec. 5. And be it further ordained, That, as permitted by the Act, the Bonds
are authorized to be sold at private (negotiated) sale and at par, unless the Board
of Finance deems it to be in the best interests of the City to sell the Bonds at
public sale or at above or below par, in which event, the Bonds shall be sold in
such manner, at such price or prices and upon such terms as the Board of Finance
deems to be in the best interests of the City. The Bonds of each series shall be
sold at such times and on such dates as the Board of Finance may determine. The
Bonds shall be sold to one or more persons, firms or corporations (including
banks or other financial institutions) as determined by the Board of Finance with
the consent of the Borrower.

Sec. 6. And be it further ordained, That the Bonds shall be executed by the
manual or facsimile signature of the Mayor and the manual or facsimile signature
of the Custodian or Alternate Custodian of the City Seal, and the seal of the City
shall be affixed thereon. In case any official of the City whose signature or a fac-
simile of whose signature shall appear on the Bonds or any of the aforesaid
documents shall cease to be such official before the delivery of the Bonds or any
of the aforesaid documents, such signature or facsimile shall nevertheless be

158 ORDINANCES Ord. No. 58

code or regulation in force in the City of Baltimore, the provision which
establishes the higher standard shall prevail; and (7) provide for an effective
date hereof.

Whereas, an Urban Renewal Plan for Orchard-Biddle was first approved by
the Mayor and City Council of Baltimore by Ordinance No. 1066, dated May 17,
1971, and last amended by Ordinance No. 1095, dated December 1, 1983; and

Whereas, pursuant to Article 13 of the Baltimore City Code (1983 Replace-
ment Volume), no substantial change or changes shall be made in any renewal
plan, after approval by ordinance, without such change or changes first being
adopted and approved in the same manner as set forth in sai^ Article 13 for the
approval of a renewal plan, namely the preparation of such change or changes by
the Department of Housing and Community Development, the approval of such
change or changes by the Director of the Department of Planning, and approval
and adoption by an ordinance of the Mayor and City Council of Baltimore after a
public hearing in relation thereto, all in the manner set forth in said Article 13;
and

Whereas, the Department of Housing and Community Development has
prepared a list of changes to the Renewal Plan for Orchard-Biddle, identified as
"Amendment No. 10 to the Urban Renewal Plan for Orchard-Biddle", dated
February 27, 1984; and

Whereas, said Amendment No. 10 to the Urban Renewal Plan for Orchard-
Biddle has been approved by the Director of the Department of Planning with
respect to its conformity as to the Master Plan, the detailed location of any public
improvements proposed in the amended Renewal Plan, jts conformity to the
rules and regulations for subdivisions, and its conformity to existing and pro-
posed zoning classifications; and said Amendment No. 10 to the Urban Renewal
Plan has been approved and recommended to the Mayor and City Council of
Baltimore by the Commissioner of the Department of Housing and Community
Development; now, therefore.

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That
the following amendment and changes to the Urban Renewal Plan for Orchard-
Biddle, having been duly reviewed and considered, are hereby approved and the
Clerk of the City Council is hereby directed to file a copy of said Urban Renewal
Plan, revised to include Amendment No. 10, with the Department of Legislative
Reference as a permanent public record and to make the same available for
public inspection and information.

1. In the Table of Contents, page ii, delete the date "April 4, 1983" opposite Ex-
hibit 2 -Property Acquisition Map and opposite Exhibit 3 -Land Disposition
Map, and insert in lieu thereof "February 27, 1984".

^. In Appendix B, Properties for Acquisition and Disposition for Residential
Rehabilitation, on page 35, add the following after "602 N. Eutaw Street":

"606 N. Eutaw Street
"616-18 N. Eutaw Street"

ORDINANCES 159

3. Delete from the Plan, Exhibit 2 - Property Acquisition Map, dated as revised
"April 4, 1983" and insert in lieu thereof a new Exhibit 2, dated as revised
"February 27, 1984" in order to show the acquisition of the properties listed in
Section 2, of this Ordinance.

4. Delete from the Plan, Exhibit 3 -Land Disposition Map, dated as revised
"April 4, 1983" and insert in lieu thereof a new Exhibit 3, dated as revised
"February 27, 1984" in order to show the following changes to existing disposi-
tion lots or the creation of new Disposition Lots as follows:

Disposition Lot 56R for Central Commercial use -to be deleted and added
to newly created Disposition Lot 58B.

Disposition Lot 58A for Central Business use to be created from the prop-
erties at 514 through 518 N. Eutaw Street, 513 through 519 Jasper Street, and
405 through 411 George Street and the alley between 611 and617 Jasper Street.

Disposition Lot 58B for Central Commercial use to be created from the
properties at 608 through 614 N. Eutaw Street (includes former Disposition Lot
56R) and 607 through 617 Jasper Street.

Disposition Lot 58C for Central Commercial use to be created from the
properties at 620 W. Eutaw Street and 623 and 625 Jasper Street.

Disposition Lot 59 for Residential use to be created from the properties at
624 and 626 Jasper Street.

Disposition Lot 60 for Residential use to be created from the properties at
618 and 620 Jasper Street.

606 and 616-18 N. Eutaw Street to be designated as "Structures to be
Rehabilitated".

Sec. 2. And be it further ordained, That it is necessary to acquire, by purchase
or by condemnation, for urban renewal purposes, the fee simple interest or any
lesser interest in and to certain properties or portions thereof, together with all
right, title, interest and estate that the owner or owners of said property interest
may have in all streets, alleys, ways or lanes, public or private, both abutting the
whole area described and/or contained within the perimeter of said area, situate
in Baltimore City, Maryland, and described as follows:

514 N. Eutaw Street

516 N. Eutaw Street

518 N. Eutaw Street

Billboard located on 518 N. Eutaw Street

606 N. Eutaw Street

608 N. Eutaw Street

612 N. Eutaw Street

614 N. Eutaw Street

616/18 N. Eutaw Street

620 N. Eutaw Street

160 ORDINANCES Ord. No. 58

405 George Street
407 George Street
409 George Street
411 George Street

513 Jasper Street
515 Jasper Street
517 Jasper Street
519 Jasper Street
607 Jasper Street
609 Jasper Street
611 Jasper Street
613 Jasper Street
615 Jasper Street

617 Jasper Street

618 Jasper Street
620 Jasper Street

623 Jasper Street

624 Jasper Street

625 Jasper Street

626 Jasper Street

Sec. S. And be it further ordained, That the Real Estate Acquisition Division of
the Department of the Comptroller, or such person or persons and in such man-
ner as the Board of Estimates, in the exercise of the power vested in it by Article
V, Section 5, of the Baltimore City Charter, may hereafter from time to time
designate, is or are authorized to acquire on behalf of the Mayor and City Council
of Baltimore and for the purposes described in this ordinance, the fee simple in-
terest or any lesser interest in and to the properties or portions thereof
hereinabove mentioned. If the said Real Estate Acquisition Division of the
Department of the Comptroller, or such person or persons, and in such manner
as the Board of Estimates in the exercise of the power vested in it by Article V,
Section 5, of the Baltimore City Charter may hereafter from time to time
designate, is or are unable to agree with the owner or owners on the purchase
price for said properties or portions thereof, it or they shall forthwith notify the
City Solicitor of Baltimore City, who shall thereupon institute in the name of the
Mayor and City Council of Baltimore the necessary legal proceedings to acquire
by condemnation the fee simple interest or any lesser interest in and to said prop-
erties or portions thereof.

Sec. 4. And be it further ordained, That in whatever respect, if any, the
amended Renewal Plan approved hereby for Orchard-Biddle may not meet the
requirements as to the content of a Renewal Plan or the procedures for the
preparation, adoption, and approval of renewal plans, as provided in Article 13 of
the Baltimore City Code (1983 Replacement Volume), the said requirements are
hereby waived and the amended Renewal Plan approved hereby is exempted
therefrom.

Sec. 5. And be it further ordained, That in the event it be judicially determined
that any word, phrase, clause, sentence, paragraph, section or part in or of this

ORDINANCES 161

ordinance or the application thereof to any person or circumstances is invalid, the
remaining provisions and the application of such provisions to other persons or
circumstances shall not be affected thereby, the Mayor and City Council hereby
declaring that they would have ordained the remaining provisions of this or-
dinance without the word, phrase, clause, sentence, paragraph, section or part or
the application thereof so held invalid.

Sec. 6. And be it further ordained, That in any case where a provision of this
ordinance concerns the same subject matter as an existing provision of any zon-
ing, building, electrical, plumbing, health, fire or safety ordinance or code or
regulation, the applicable provisions concerned shall be construed so as to give
effect to each; provided, however, that if such provisions are found to be in ir-
reconcilable conflict, the provision which establishes the higher standard for the
promotion of the public health and safety shall prevail. In any case where a provi-
sion of this ordinance is found to be in conflict with an existing provision of any
other ordinance or code or regulation in force in the City of Baltimore which
establishes a lower standard for the promotion of the public health and safety,
the provision of this ordinance shall prevail, and the other existing provision of
such other ordinance or code or regulation is hereby repealed to the extent that it
may be found in conflict with this ordinance.

Sec. 7. And be it further ordained, That this ordinance shall take effect from
the date of its passage.

Approved May 3, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 59
(Council No. 41)

AN ORDINANCE concerning

MT. ROYAL TERRACE -RESERVOIR HILL HISTORIC DISTRICT

FOR the purpose of enlarging the area designated as the Mt. Royal Terrace -
Reservoir Hill Historical and Architectural Preservation District.

BY repealing and reordaining with amendments

Article 1- Mayor, City Council and Municipal Agencies

Subtitle -Commission for Historical and Architectural Preservation

Section 40(ee)

Baltimore City Code (1983 Replacement Volume)

Section \. Be it ordained by the Mayor and City Council of Baltimore, That
Section(s) of the Baltimore City Code (1983 Replacement Volume) be added,
repealed, or amended, to read as follows:

162 ORDINANCES Ord. No. 59

ARTICLE 1 -MAYOR, CITY COUNCIL AND MUNICIPAL AGENCIES

Commission for Historical and Architectural Preservation

40. Created, powers, duties.

[(ee) Mt. Royal Terrace-Reservoir. Hill Historical and Architectural Preser-
vation District.

Beginning for the same at the point formed by the intersection of the south
side of Lennox Street, as now laid out, and the southwest side of Mt. Royal
Terrace, as now laid out, and running thence binding on the southwest side of
said Mt. Royal Terrace, Southeasterly 375 feet, more or less, to intersect the
north side of North Avenue, as now laid out; thence binding on the north side
of said North Avenue, Westerly 120 feet, more or less, to intersect the north-
east side of a 16 foot alley, there situate; thence binding on the northeast side
of said 16 foot alley. Northwesterly 154 feet, more or less, to intersect the
north side of a 20 foot alley, there situate; thence binding on the north side of a
20 foot alley. Westerly 60 feet, more or less, to intersect the northeast side of
another 16 foot alley; thence binding on the northeast side of last said 16 foot
alley. Northwesterly 115 feet more or less, to intersect the east side of a 15.33
foot alley, there situate; thence binding on the east side of said 15.33 foot alley,
Northerly 71 feet, more or less, to intersect the aforesaid south side of Lennox
Street and thence binding on the south side of said Lennox Street, Easterly
100 feet, more or less, to the place of beginning.]

(ee) Mt. Royal Terrace-Reservoir Hill Historical and Architectural Preserva-
tion District. The parcel of land located within the boundaries set forth in this
subsection is hereby declared to be within the Mt. Royal Terrace- Reservoir
Hill Historical and Architectural District:

Beginning for the same at the point formed by the intersection of the north-
east face of the southwest concrete curb of Mt. Royal Terrace and the north
side of North Avenue, varying in width, and running thence binding on the
north side of said North Avenue, Westerly 325 feet more or less, to intersect
the northeast side of a 16 foot alley, there situate; thence binding on the north-
east side of said 16 foot alley, Northwesterly 155 feet, more or less, to in-
tersect the northeast side of an alley of varying width, there situate; thence
binding on the northeast side of last said alley, Northwesterly 16 feet, more or
less, to intersect the north side of a 20 foot alley, there situate; thence binding
on the north side of last said alley, Westerly 43 feet, more or less, to intersect
the northeast side of a 16 foot alley there situate; thence binding on the north-
east side of last said alley. Northwesterly 82 feet, more or less, to intersect the
line of the north side of a 12 foot alley, there situate if projected easterly;
thence binding in part reversely on the line of the north side of last said alley,
so projected, in part on the north side of last said alley, and in all. Westerly 184
feet, more or less, to intersect the east side of a 10 foot alley, there situate;
thence binding on the east side of last said alley. Northerly 100 feet, more or
less, to intersect the south side of Lennox Street, 66 feet wide; thence by a
straight line crossing said Lennox Street, Northerly 66 feet, more or less, to
the point formed by the intersection of the north side of said Lennox Street
and the east side of a 9 foot alley, there situate; thence binding on the east side

ORDINANCES 163

of last said alley, Northerly 90 feet, more or less, to intersect one south side of
a 10 foot alley, there situate; thence binding in part on the south side of last
said alley, in part on the line of the south side of last said alley, if projected
easterly, and in all. Easterly 95 feet, more or less, to intersect the east side of
a 15 foot alley, there situate; thence binding on the east side of last said alley,
Northerly 144 feet, more or less, to the north outline of the property known as
No. 2022 Mt. Royal Terrace; thence binding on the north outline of said prop-
erty. Easterly 58 feet, more or less, to the southernmost extremity of the east
side of a 10 foot alley laid out in the rear of the properties known as No. 2024
through and including No. 2028 Mt. Royal Terrace; thence binding on the east
side of last said alley, Northerly 78 feet, more or less, to intersect the south
side of Reservoir Street, 66 feet wide; thence by a straight line crossing said
Reservoir Street Northeasterly 74 feet, more or less, to the point formed by
the intersection of the north side of said Reservoir Street and the northeast
side of a 10 foot alley laid out 90 feet southwest of Mt. Royal Terrace, 100 feet
wide thence binding on the northeast side of last said alley, Northwesterly 1 17
feet, more or less, to intersect the north side of a 15 foot alley, there situate;
thence binding on the north side of last said alley. Westerly 42 feet, more or
less, to intersect the northeast side of another 15 foot alley, there situate;
thence binding on the northeast side of last said 15 foot alley, Northwesterly
490 feet, more or less, to intersect the southeast side of Newington Avenue, 66
feet wide; thence by a straight line crossing said Newington Avenue, North-
westerly 66 feet, more or less, to the point formed by the intersection of the
northwest side of said Newington Avenue and the northeast side of a 15 foot
alley laid out 135 feet southwest of last said Mt. Royal Terrace; thence binding
on the northeast side of last said alley. Northwesterly 329 feet, more or less, to
intersect the southeast side of Whitelock Street, 66 feet wide; thence by a
straight line crossing said Whitelock Street, Northwesterly 66 feet, more or
less, to the point formed by the intersection of the northwest side of said
Wliitelock Street and the northeast side of a 15 foot alley laid out 135 feet
southwest of last said Mt. Royal Terrace; thence binding on the northeast side
of last said alley Northwesterly 294 feet, more or less, to intersect the east
side of Park Avenue, 120 feet wide; thence binding on the east side of said
Park Avenue. Northerly 237 feet, more or less, to intersect the southwest side
of last said Mt. Royal Terrace; thence binding on the southwest side of last
said Mt. Royal Terrace crossing said Wliitelock Street, and said Newington
Avenue the two following courses and distances; namely. Southeasterly 1606
feet, more or less, and Southerly 32 feet, more or less, to intersect the north
side of said Reservoir Street; thence by a straight line crossing said Reservoir
Street, Southeasterly 80 feet, more or less, to the point formed by the in-
tersection of the south side of said Reservoir Street and the northeast face of
the southwest concrete curb of Mt. Royal Terrace mentioned firstly herein and
thence binding on the northeast and east face of the southwest and west con-
crete curb of Mt. Royal Terrace mentioned firstly herein, crossing said Lennox
Street, in a generally Southeasterly direction 840 feet, more or less, to the
place of beginning.

Sec. 2. And be itfurthtr ordained. That this ordinance shall take effect thirty
days from the dale of its passage.

Approved May 14, 1984

WILLIAM DONALD SCHAEFER, Mayor.

164 ORDINANCES Ord. No. 60

No. 60
(Council No. 49)

AN ORDINANCE concerning

REZONING-101 E. NORTH AVENUE

FOR the purpose of changing the zoning for the property known as 101 E. North
Avenue, from the B-2-3 Zoning District to the B-3-3 Zoning District as out-
lined in red on the plats accompanying this ordinance.

BY amending Zoning District Maps
Sheet No. 46
Article 30 -Zoning
Baltimore City Code (1983 Replacement Volume)

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That
Sheet No. 46 of the Zoning District Maps of Article 30 of the Baltimore City Code
(1983 Replacement Volume) title "Zoning" be and it is hereby amended by chang-
ing from the B-2-3 Zoning District to the B-3-3 Zoning District the property
known as 101 E. North Avenue, as outlined in red on the plats accompanying this
ordinance.

Sec. 3. And be it further ordained, That this ordinance shall take effect thirty
days from the date of its passage.

Approved May 14, 1984

WILLIAM DONALD SCHAEFER, Mayor.

ORDINANCES 165

No. 61
(Council No. 50)

AN ORDINANCE concerning

ZONING -APPROVAL FOR CONDITIONAL USE
DRIVE-IN RESTAURANT- 101 E. NORTH AVENUE

FOR the purpose of granting permission for the estabhshment, maintenance and
operation of a drive-in restaurant on the property known as 101 E. North
Avenue as outlined in red on the plats accompanying this ordinance.

BY authority of
Article 30 -Zoning
Sections 6.3- Id and 11.0-6d
Baltimore City Code (1983 Replacement Volume)

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That
permission is hereby granted for the establishment, maintenance and operation
of a drive-in restaurant on the property kno\\Ti as 101 E. North Avenue, as
outlined in red on the plats accompanying this ordinance, under the provisions of
Sections 6.3-ld and 11.0-6d of Article 30 of the Baltimore City Code (1983
Replacement Volume) title "Zoning".

Sec. 2. And be it further ordained, That upon passage of this ordinance by the
City Council, as evidence of the authenticity of the plat which is a part hereof and
in order to give notice to the departments which are administering the Zoning
Ordinance, the President of the City Council shall sign the plat and when the
Mayor approves the ordinance, he shall sign the plat. The Director of Finance
shall then transmit a copy of the ordinance and one of the plats to the following:
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com-
missioner of the Department of Housing and Community Development, the
Supervisor of Assessments for Baltimore City and the Zoning Administrator.

Sec. 3. And be it further ordained, That this ordinance shall take effect thirty
days from the date of its passage.

Approved May 14, 1984

WILLIAM DONALD SCHAEFER. Mayor.

166 ORDINANCES Ord. No. 62

No. 62
(Council No. 56)

AN ORDINANCE concerning

ZONING- APPROVAL FOR CONDITIONAL USE
HOME FOR ALCOHOLIC PERSONS-2521 MARYLAND AVENUE

FOR the purpose of granting permission for the establishment, maintenance and
operation of a non-profit home for the rehabilitation of non-bedridden alcoholic
persons on the property known as 2521 Maryland Avenue, as outlined in red
on the plats accompanying this ordinance.

BY authority of
Article 30 -Zoning
Sections 5.Md and 11.0-6d
Baltimore City Code (1976 Edition, as amended)

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That
permission is hereby granted to Quarter- Way Houses, Inc. for the establishment,
maintenance and operation of a non-profit home for the rehabilitation of non-
bedridden alcoholic persons on the property known as 2521 Maryland Avenue, as
outlined in red on the plats accompanying this ordinance, under the provisions of
Sections 5.1-ld and 11.0-6d of Article 30 of the Baltimore City Code (1976 Edi-
tion, as amended) title "Zoning". The number of such persons in residence at any
time shall not exceed eighteen (18) as a combined total for 2521 and 2523
Maryland Avenue.

Sec. 2. And be it further ordained, That whenever the continuous operation of
such use has been discontinued for a period of twelve (12) consecutive months, or
if Quarter- Way Houses, Inc. shall cease to be the operator for the permitted use,
the permission granted herein shall expire and it shall not be thereafter re-
established unless a new ordinance is approved by the Mayor and City Council of
Baltimore.

Sec. 3. And be it further ordained. That upon passage of this ordinance by the
City Council, as evidence of the authenticity of the plat which is a part hereof and
in order to give notice to the departments which are administering the Zoning
Ordinance, the President of the City Council shall sign the plat and when the
Mayor approves the ordinance, he shall sign the plat. The Director of Finance
shall then transmit a copy of the ordinance and one of the plats to the following:
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com-
missioner of the Department of Housing and Community Development and the
Zoning Administrator.

Sec. 4. And be it further ordained, That this ordinance shall take effect thirty
days from the date of its passage.

Approved May 14, 1984

WILLIAM DONALD SCHAEFER, Mayor.

ORDINANCES 167

No. 63
(Council No. 57)
AN ORDINANCE concerning

ZONING -APPROVAL FOR CONDITIONAL USE
PARKING LOT

FOR the purpose of granting permission for the establishment, maintenance and
operation of an open off-street parking area on the property located in the rear
of the 400 Block of N. Denison Street, as outlined in red on the plats accom-
panying this ordinance.

BY authority of
Article 30 -Zoning
Sections 4.6-ld and n.0-6d
Baltimore City Code (1983 Replacement Volume)

Section \. Be it ordained by the Mayor and City Council of Baltimore, That
permission is hereby granted for the establishment, maintenance and operation
of an open off-street parking area on the property located in the rear of the 400
block of N. Denison Street, as outlined in red on the plats accompanying this or-
dinance, under the provisions of Sections 4.6-ld and 11.0-6d of Article 30 of the
Baltimore City Code (1983 Replacement Volume) title "Zoning".

Sec. 2. And be it further ordained, That upon passage of this ordinance by the
City Council, as evidence of the authenticity of the plat which is a part hereof and
in order to give notice to the departments which are administering the Zoning
Ordinance, the President of the City Council shall sign the plat and when the
Mayor approves the ordinance, he shall sign the plat. The Director of Finance
shall then transmit a copy of the ordinance and one of the plats to the following:
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com-
missioner of the Department of Housing and Community Development and the
Zoning Administrator.

Sec. 3. And be it further ordained, That this ordinance shall take effect thirty
days from the date of its passage.

Approved May 14, 1984

WILLIAM DONALD SCHAEFER, Mayor.

168 ORDINANCES Ord. No. 65

No. 64
(Council No. 59)

AN ORDINANCE concerning

ZONING -CONDITIONAL USES -INDUSTRIAL DISTRICT

FOR the purpose of adding Industrial Trade Schools to the list of conditional uses
in the Ml District

BY adding

Article 30 -Zoning

Section 7.1-lc-6a

Baltimore City Code (1983 Replacement Vol. of the 1976 Ed., as amended)

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That
Section(s) of the Baltimore City Code (1983 Replacement Vol. of the 1976 Ed., as
amended) be amended to read as follows:

ARTICLE 30 -ZONING
Chapter 7-Industrial Districts

7.1-lc Conditional Uses
6a. Industrial Trade Schools

Sec. 2. And be it further ordained, That this ordinance shall take effect from
the date of its passage.

Approved May 14, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 65
(Council No. 110)
AN ORDINANCE concerning

ZONING- APPROVAL FOR CONDITIONAL USE
DRIVE-IN RESTAURANT- FRANKFORD PLAZA SHOPPING CENTER

FOR the purpose of granting permission for the establishment, maintenance and
operation of a drive-in restaurant on the property known as Frankford Plaza
Shopping Center, as outlined in red on the plats accompanying this ordinance.

BY authority of
Article 30 -Zoning
Sections 6.3-ld and 11.0-6d
Baltimore City Code (1983 Replacement Volume, as amended)

ORDINANCES 169

Section I. Be it ordained by the Mayor and City Council of Baltimore, That
permission is hereby granted for the establishment, maintenance and operation
of a drive-in restaurant on the property known as Frankford Plaza Shopping
Center as outlined in red on the plats accompanying this ordinance, under the
provisions of Sections 6.3- Id and 1 1.0-6d of Article 30 of the Baltimore City Code
(1983 Replacement Volume, as amended) title "Zoning".

Sec. 2. And be it further ordained, That upon passage of this ordinance by the
City Council, as evidence of the authenticity of the plat which is a part hereof and
in order to give notice to the departments which are administering the Zoning
Ordinance, the President of the City Council shall sign the plat and when the
Mayor approves the ordinance, he shall sign the plat. The Director of Finance
shall then transmit a copy of the ordinance and one of the plats to the following:
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com-
missioner of the Department of Housing and Community Development, the
Supervisor of Assessments of Baltimore City and the Zoning Administrator.

Sec. 3. Arid be it further ordained. That this ordinance shall take effect thirty
days from the date of its passage.

Approved May 14, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 66
(Council No. 121)

AN ORDINANCE concerning

REZONING- 1714-1736 PARK AVENUE

FOR the purpose of changing the zoning for the properties known
as 1714-1736 Park Avenue from the R-8 Zoning District to the R-9 Zoning
District as outlined in red on the plats accompanying this ordinance.

BY amending Zoning District Maps
Sheet No. 45
Article 30 -Zoning
Baltimore City Code (1983 Replacement Volume, as amended)

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That
Sheet No. 45 of the Zoning District Maps of Article 30 of the Baltimore City Code
(1983 Replacement Volume, as amended) title "Zoning" be and it is hereby
amended by changing from the R-8 Zoning District to the R-9 Zoning District the
properties known as 1714-1736 Park Avenue as outlined in red on the plats ac-
companying this ordinance.

170 ORDINANCES Ord. No. 67

Sec. 2. And be it further ordained, That upon passage of this ordinance by the
City Council, as evidence of the authenticity of the plat which is a part hereof and
in order to give notice to the departments which are administering the Zoning
Ordinance, the President of the City Council shall sign the plat and when the
Mayor approves the ordinance, he shall sign the plat. The Director of Finance
shall then transmit a copy of the ordinance and one of the plats to the following:
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com-
missioner of the Department of Housing and Community Development, the
Supervisor of Assessments for Baltimore City and the Zoning Administrator.

Sec. 3. And be it further ordained, That this ordinance shall take effect thirty
days from the date of its passage.

Approved May 14, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 67
(Council No. 132)

AN ORDINANCE concerning

ISSUANCE OF PARKING REVENUE OBLIGATIONS

FOR the purpose of increasing the maximum aggregate principal amount of
Revenue Obligations authorized to be issued by the Mayor and City Council of
Baltimore pursuant to Ordinance No. 998 (Bill No. 1602) of the Mayor and City
Council of Baltimore, approved and effective on June 30, 1983, from not ex-
ceeding Thirty Million Dollars ($30,000,000) to not exceeding Sixty Million
Dollars ($60,000,000). and providing that th e issuanc e of such Revenue Obliga -
tions shall hav e priority ov e r th e issuanc e of any oth e r r e v e nue bonds, not e s o r
oth e r rev e nu e obligations of th e Mayor and City Council of Baltimor e .

BY repealing and reenacting with amendments Section 1 and amending
paragraph (A) of Section 3 of Ordinance No. 998 (Bill No. 1602) of the Mayor
and City Council of Baltimore (approved and effective on June 30, 1983).

RECITALS

Ordinance No. 998 (Bill No. 1602) (the "Ordinance") of the Mayor and City
Council of Baltimore (the "City"), approved by the Mayor of the City and effec-
tive on June 30, 1983, authorizes the issuance from time to time by the City of its
Revenue Obligations (as defined in the Ordinance) (the "Revenue Obligations") in
order to finance Parking Facilities (as defined in the Ordinance) (the "Parking
Facilities") to be located within the geographical limits of the City.

Because of certain events that have occurred since the passage of the Or-
dinance which affect the aggregate principal amount of Revenue Obligations

ORDINANCES 171

which may be required to be issued by the City in order to finance Parking
Facilities, including (without limitation) an increase in the number of Parking
Facilities which the City may desire to finance with the proceeds of the sale of
Revenue Obligations, the City wishes to enact this supplemental ordinance to in-
crease to Sixty Million Dollars ($60,000,000) the aggregate principal amount of
Revenue Obligations that may be issued under the Ordinance.

H.R.4170 is pending before the United States House of Representatives. Such
bill subjects industrial development bonds to an annual per-state ceiling based on
the aggregate principal amount of industrial development bonds issued within the
state. H.R.4170 makes provision for issuers within each state to be allocated a por-
tion of the total principal amount of industrial development bonds which may be
issued within the limitations of such ceiling, including an issuer such as the City. In
certain instances, Revenue Obligations of the City may be determined by the City
to be industrial development bonds. The City, therefore, wishes to indicate its in-
tention to give the highest priority to the issuance of any Revenue Obligations
which constitute industrial development bonds under the provisions of H.R.4170, if
enacted, or any other law providing for a similar ceiling.

Section I. Be it ordained by the Mayor and City Council of Baltimore, That
Section 1 of Ordinance No. 998 (Bill No. 1602) of the Mayor and City Council of
Baltimore, approved and effective June 30, 1983, be repealed and reenacted with
amendments to read as follows:

Section I. Be it ordained by the Mayor and City Council of Baltimore, That,
acting pursuant to the Enabling Laws, it is hereby found and determined as
follows:

(A) There is a need for additional off-street parking in various parts of
Baltimore City, with a particular need for such facilities in the central business
district (the "CBD").

(B) Land currently and previously used for Parking Facilities is increasingly
being used for redevelopment, thereby reducing available public parking.

(C) As redevelopment continues in the CBD, land available for Parking
Facilities is eliminated and remaining land becomes progressively more valuable.
In order to maximize the use of remaining land. Parking Facilities must be
developed as multi-level structures, often in conjunction with adjoining multi-use
or single-use structures, which facilities are more costly than the open parking
lots they replace.

(D) Parking Facilities are difficult to finance on the basis of projected demand
and use because of historic uncertainty regarding the use of the automobile, the
cost of fuel and the role of mass-transit facilities. As a result, Parking Facilities,
even if likely to achieve a level of self-sustaining revenue, have not been accept-
able credit risks or have been subjected to higher financing costs.

(E) The Enabling Laws authorize the use of certain Pledged Revenues as a
means of creating a financing program that will overcome the lack of acceptance

172 ORDINANCES

Ord. No. 67

of Parking Facilities in the credit markets. Such a financing program is needed in
Baltimore City in order

(i) to meet existing needs for Parking Facilities;

(ii) to meet projected needs for Parking Facilities in the future;

(iii) to facilitate and expand the redevelopment and renewal of Baltimore
City, particularly in the CBD;

(iv) to promote and foster the economic development and growth of
Baltimore City;

(v) to create and maintain employment opportunities; and

(vi) to improve in general the welfare of the citizens of Baltimore City.

(F) The financing program authorized in this Ordinance is designed to take ad-
vantage of certain favorable market conditions. Current bond market conditions
are unusual, erratic, and unfavorable in comparison to historical bond market
conditions. An inflexible approach to borrowing by the City would threaten its
ability to initiate necessary capital projects and would diminish the resources
available to provide for the needs of the citizens of the City in the future. A flexi-
ble approach to borrowing, taking advantage of demand for certain short term
and other municipal obligations will best serve the interest of the City.

(G) The Board of Finance, being primarily responsible for the issuance and sale
of the City's certificates of indebtedness, has the expertise and experience
necessar>' to be primarily responsible for the determination of matters set forth
herein to be within its jurisdiction. The market for revenue obligations of the
City may change from time to time from those conditions prevailing at the time
of issuance of any series of Revenue Notes or Revenue Bonds and it is in the best
interest of the City to grant broad authority and flexibility to the Board of
Finance in connection with the issuance of the Revenue Obligations.

(H) The existence of a growing market for specially structured tax-exempt
obligations, as for example (i) structured in the form of short term commercial
paper, (ii) structured as bond anticipation notes or refunding notes, (iii) tied to an
interest rate or rates that vary with a defined or stated indicator or index or com-
binations thereof, (iv) utilizing zero coupon bonds or compound interest bonds, (v)
issued in connection with a sale lease-back transaction or a financing lease, (vi)
utilizing letters of credit or lines of credit and (vii) otherwise structured in a form
then responsive to the market, necessitates the establishment of procedures
which permit the City to utilize such a market for its obligations in addition to the
traditional tax-exempt markets. (The structures contemplated in this paragraph
are referred to herein as the "Market Structures".) In addition, the imposition of
requirements for the registration of all tax-exempt obligations necessitates the
authorization of alternative forms of registration which satisfy applicable laws
while permitting for some degree of flexibility.

(I) Private, negotiated sales are the primary and most efficient means of
marketing short term obligations, and in the absence of a determination by the
Board of Finance to the contrary as to a particular issue or series, sales of short-

ORDINANCES 173

term Revenue Obligations pursuant to this Ordinance on a negotiated basis are in
the best public interest and will result in the lowest cost to the City.

(J) The issuance b y the City vf R e v e nue Ogligalw t is lofina)ie e Parking D e v e lop '
mtnt A c tivi t i e s at or within Parking Faciliti e s owned by the City shall be giv e n
priority b y the City ov er th e issuanc e by the City of any i y idu^t r ial dev e lopment
b o i uis or othe r private activity bonds in the e v e nt that the aggr e gate p r incipal
anwunt of indust r ial development bonds o r othe r p r ivate activity bonds which
may be issued b y the City is subj ec t io any limitation o r c eiling pu r suant to
f e de r al law o r o t herwis e , it b e ing the intention of th e City that th e issuance of
R e v e nue Obligations under this O r dinance shall hav e th e highest p r iority.

Sec. 2. Be it further ordained, That paragraph (A) of Section 3 of Ordinance
No. 998 (Bill No. 1602) of the Mayor and City Council of Baltimore, approved and
effective June 30, 1983, be and hereby is amended to read as follows:

(A) The issuance, sale and delivery of an aggregate principal amount of
Revenue Obligations which, when issued, will result in receipt by the City (in-
clusive of Costs of Issuance, as defined herein) of not exceeding (Thirty Million
Dollars ($30,000,000)] Sixty Million Dollars ($60,000,000) is hereby authorized
for the general public purposes of financing the cost of Parking Development Ac-
tivities at or for Parking Facilities owned by the City, the proceeds of which are
to finance the applicable Parking Development Activities, and repaying the City
for amounts expended on Parking Facilities in anticipation of the issuance of the
Revenue Obligations. This n^ximum amount may consist of (i) Revenue Notes,
(ii) Revenue Bonds, (iii) Refunding Revenue Notes, (iv) Refunding Revenue
Bonds, or (v) any combination of items (i) to (iv) above. Any Refunding Obliga-
tions issued hereunder to refund any Revenue Obligations previously issued
hereunder shall replace that portion of the authorized amount of Revenue Obliga-
tions previously issued and shall not be deemed to reduce the maximum author-
ized amount of Revenue Obligations permitted to be issued hereunder.

Sec. 3. Be it further ordained, That Ordinance No. 998 (Bill No. 1602) of the
Mayor and City Council of Baltimore, approved and effective June 30, 1983, as
amended by this ordinance, shall remain in full force and effect.

Sec. 4. And be it further ordained, That this ordinance shall take effect from
the date of its passage.

Approved May 14, 1984

WILLIAM DONALD SCHAEFER, Mayor

174 ORDINANCES Ord. No. 68

No. 68
(Council No. 144)

AN ORDINANCE concerning

ZONING -AUTHORIZATION FOR BUILDING HEIGHT

FOR the purpose of authorizing the construction and maintenance of two struc-
tures over 40 feet in height at Willow Glen Drive and Fallstaff Road.

BY authority

Article 30 - Zoning

Section 4.0-2c

Baltimore City Code (1983 Replacement Volume, as amended)

Section I. Be it ordained by the Mayor and City Council of Baltimore, That
the construction and maintenance of two multiple family dwellings over 40 feet
in height is hereby authorized on the property located southeast of the intersec-
tion of Willow Glen Drive and Fallstaff Road as outlined in red on the plats ac-
companying this ordinance. One of the multiple family dwellings shall be 47.5
feet high and the other shall be 53 feet high. Except for this authorization re-
garding building height, all ordinances and rules and regulations of the Mayor
and City Council of Baltimore shall be complied with in the construction and use
of these structures.

Sec. 2. And be it further ordained, That upon passage of this ordinance by the
City Council, as evidence of the authenticity of the plat which is a part hereof and
in order to give notice to the departments which are administering the Zoning
Ordinance, the President of the City Council shall sign the plat £md when the
Mayor approves the ordinance, he shall sign the plat. The Director of Finance
shall then transmit a copy of the ordinance and one of the plats to the following:
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com-
missioner of the Department of Housing and Community Development, the
Supervisor of Assessments for Baltimore City and the Zoning Administrator.

Sec. 3. And be it further ordained, That this ordinance shall take effect thirty
days from the date of its passage.

Approved May 14, 1984

WILLIAM DONALD SCHAEFER, Mayor.

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176

ORDINANCES

Ord. No. 69

approved by the Mayor on June 22, 1983, and Chapter 13 of the Laws of Maryland
of 1983, and Ordinance No. 973 of the City, approved by the Mayor on June 22,
1983,"

(b) The following additional Bond Acts are added to the list in B. paragraph in
the Recitals section of the Ordinance on page 8 after line 14:

Laws of

City

Approved by

Ratified by

Maryland

Ordinance

Mayor

Voters

"Chapter 11 of the

Ordinance

June 22,

November 11,

Laws of Maryland

No. 966

1983

of 1983

Chapter 12, of the

Ordinance

June 22,

November 11,

Laws of Maryland

No. 969

1983

of 1983

Chapter 19, of the

Ordinance

June 22,

November 11,

Laws of Maryland

No. 967

1983

of 1983

Chapter 20, of the

Ordinance

June 22,

November 11,

Laws of Maryland

No. 972

1983

of 1983

Chapter 18, of the

Ordinance

June 22,

November 11,

Laws of Maryland

No. 968

1983

of 1983

Chapter 22, of the

Ordinance

June 22,

November 11,

Laws of Maryland

No. 970

1983

of 1983

Chapter 15, of the

Ordinance

June 22,

November 11,

Laws of Maryland

No. 97!t

1983

of 1983

Chapter 21. of the

Ordinance

June 22,

November 11,

Laws of Maryland

No. 971

1983

of 1983

"Chapter U of the

Ordinance

June 22,

November 11,

Laws of Maryland

No. 965

1983

of 1983

Chapter 13, of the

Ordinance

June 22,

November 11,

Laws ofMai-yland

No. 973

1983

of 1983

ORDINANCES 177

(c) The following additional Bond Acts are added to the list in the D. paragraph
in the Recitals section of the Ordinance on page 11 after line 38:

Laws of

Maryland Title AuthoHzed Unissued

"Chapter 11, of the 12th Urban Renewal $3,250,000 $3,250,000

Laws of Maryland
of 1983

Chapter 12, of the 2nd Public Market $1,250,000 $1,250,000

Laws of Maryland Renovation
of 1983

Chapter 19, of the 2nd Business Financing $7,000,000 $7,000,000

Laws of Maryland
of 1983

Chapter 20, of the 11th Recreation and $1,500,000 $1,500,000

Laws of Maryland Parks Building
of 1983

Chapter 18. of the 5th Economic Development $4,500,000 $4,500,000
Laws of Maryland
of 1983

Chapter 22, of the 3rd Civic Center $2,500,000 $2,500,000

Laws of Maryland
of 1983

Chapter 15, of the 1st Police Facilities $2,500,000 $2,500,000

Laws of Maryland
of 1983

Chapter 21, of the 12th Off-Street Parking $6,000,000 $6,000,000

Laws of Maryland
of 1983

Chapter U. of the 3rd Housing Development $3,000,000 $3,000,000

Laws of Maryland
of 1983

Chapter 13. of the 26th School $2,000,000 $2,000,000

Laws of Maryland
of 1983"

(d) The following is added to Section 7 of the Ordinance by being inserted on
page 20, line 73 before the period:

"Chapter 11 of the Laws of Maryland of 1983. and Ordinance No. 966 of the City,
approved by the Mayor on June 22, 1983, Chapter 12 of the Laws of Maryland of

178 ORDINANCES Ord. No. 70

198S, and Ordinance No. 969 of the City, approved by the Mayor on June 22, 1983,
Chapter 19 of the Laws of Maryland of 1983, and Ordinance No. 967 of the City,
approved by the Mayor on June 22, 1983, Chapter 20 of the Laws of Maryland of
1983, and Ordinance No. 972 of the City, approved by the Mayor on June 22, 1983,
Chapter 18 of the Laws of Maryland of 1983, and Ordinance No. 968 of the City,
approved by the Mayor on June 22, 1983, Chapter 22 of the Laws of Maryland of
1983, and Ordinance No. 970 of the City, approved by the Mayor on June 22, 1983,
Chapter 15 of the Laws of Maryland of 1983, and Ordinance No. 97 U of the City,
approved by ttie Mayor on June 22, 1983, Chapter 21 of the Laws of Maryland of
1983, and Ordinance No. 971 of the City, approved by the Mayor on June 22, 1983,
Chapter H of the Laws of Mai'yland of 1983, and Ordinance No. 965 of the City,
approved by the Mayor on June 22, 1983, and Chapter 13 of the Laws of Maryland
of 1983, and Ordinance No. 973 of the City, approved by the Mayor on June 22,
1983,"

Sec. 2. And be it further ordained, That, the provisions of this Ordinance are
severable, and if any provision, sentence, clause, section or part hereof is held il-
legal, invalid or unconstitutional or inapplicable to any person or circumstances
such illegality, invalidity or unconstitutionality, or inapplicability shall not affect
or impair any of the remaining provisions, sentences, clauses, sections, or parts
of this Ordinance or its application to other persons or circumstances. It is
hereby declared to be the legislative intent that this Ordinance would have been
adopted if such illegal, invalid or unconstitutional provision, sentence, clause,
section or part had not been included herein, and if the person or circumstances
to which this Ordinance or any part thereof is inapplicable had been specifically
exempted herefrom.

Sec. 3. And be it further ordained. That this Ordinance shall take effect from
the date of its passage.

Approved May 14, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 70
(Council No. 190)
AN ORDINANCE concerning

PARKING REVENUE -PARKING ENTERPRISE FUND

FOR the purpose of amending Section 11(B) of Ordinance No. 998, approved
June 30, 1983, by requiring the Director of Finance to account for all revenues
received into the Parking Enterprise Fund, to pay parking facility expenses
out of this Fund, and to transfer any unused balance in the Fund to the City's
General Fund.

Section \. Be it ordained by the Mayor and City Council of Baltimore, That
Section 11(B) of Ordinance No. 998, approved June 30, 1983, be and the same is
hereby amended to read as follows:

ORDINANCES 179

Sec. 11. And be it further ordained, That, the City hereby covenants that:

(B) The Director of Finance will take all steps necessary to implement and
maintain the Parking Enterprise Fund in accordance with accounting procedures
required under the Charter. The Director of Finance shall account for all
revenues received by the Parking Enterprise Fund resulting from the manage-
inent, operations, lease, rental, conveyance, or sale of any Parking Facilities
financed by Revenue Obligations, and for Pledged Revenues.

Any expenses relating to the management, operations, lease, rental, con-
veyance, or sale of Parking Facilities, including any required debt service
ainmints shall be paid from the Parking Enterprise Fund. INTEREST INCOME
EARNED AS THE RESULT OF INVESTMENT OF REVENUES FROM
PARKING FINES, PARKING TAXES, AND PARKING FEES AND
PENALTIES SHALL BE CREDITED TO THE GENERAL FUND OF THE
MA YOR AND CITY COUNCIL.

Any balances accruing to the credit of the Parking Enterprise Fund and aris-
ing from Fine Revenues, Tax Revenues and Fee Revenues, shall be paid
MONTHLY to the General Fund upon a determination by the Director of
Finance that such balances are not required to pay expenses PROVIDE FOR
THE OBLIGATIONS of the Parking Enterprise Fund. Any balances accruing to
the credit of the Parking Enterprise Fund and arising from Facility Revenues,
and including revenues from management, operations, conveyance, sale, lease, or
rental of Parking Facilities shall be paid annually to the General Fund upon
determination by the Director of Finance that such balances are not required to
pay expens e s PROVIDE FOR THE OBLIGATIONS of the Parking Enterprise
Fund, to redeem any outstanding Revenue Obligations, to provide for a parking
renewal and replacement account, or to provide ux)rking capital.

Sec. 2. And be it further ordained, That this ordinance shall take effect 30 days
from the date of its passage.

Approved May 14, 1984

WILLIAM DONALD SCHAEFER, Mayor.

180 ORDINANCES Ord. No. 71

No. 71
(Council No. 71)
AN ORDINANCE concerning

CITY PROPERTY -SALE

FOR the purpose of authorizing the Mayor and City Council of Baltimore to sell
either at public or private sale all the interest of the Mayor and City Council in
and to a certain parcel of land containing 11,360 square feet no longer needed
for public use located at the East Corner of Mosher Street and Malster
Avenue.

BY authority of

Article V- Comptroller

Section 5 (b)

Baltimore City Charter (1964 Revision as amended)

Section I. Be it ordained by the Mayor and City Council of Baltimore, That
the Comptroller of Baltimore City be and he is hereby authorized to sell at either
public or private sale in accordance with Article V, Section 5 (b) of the City
Charter, all of the interest of the Mayor and City Council of Baltimore in and to
the parcel of land situate in Baltimore, Maryland, and described as follows:

Beginning for the same at the corner formed by the southeast side of Mosher
Street, 66 feet wide and the northeast side of Malster Avenue, 60 feet wide
and running thence binding on the northeast side of said Malster Avenue,
North 43°-33'-20" West 217.09 feet to intersect the line of the chain link fence,
there situate, if projected southwesterly; thence binding in part reversely on
the line so projected, in part on the said chain link fence and in all, North
56°-42'-50" East 26.66 feet to a corner of said chain link fence; thence binding
on the said chain link fence the four following courses and distances; namely,
South 53°-05'-58" East 59.74 feet, South 53°-08'-07" East 39.03 feet, South
53°-07'-02" East 59.97 feet and South 53°-35'-04" East 68.81 feet; thence con-
tinuing to bind in part on said chain link fence, in part on the line of said chain
link fence if projected southeasterly and in all. South 53°-53'-16" East 49 feet,
more or less to intersect the fifth line of a parcel of land conveyed by Parke
Davis and Company to the Fairfax Real Estate Company by deed dated
September 21, 1960 and recorded among the Land Records of Baltimore City
in Liber J.F.C. No. 944, folio 566 and thence binding on part of the fifth line of
said deed, to the end thereof, Westerly 96 feet, more or less to the place of
beginning.

Containing 11,360 square feet, or 0.26 acres of land, more or less.

Sec. 2. Be itfuHher ordained, That THIS ORDINANCE IS SUBJECT TO AN
EASEMENT FOR MUNICIPAL UTILITIES AND SERVICES, UPON THE
TERMS, CONDITIONS, AND REGULATIONS OF THE DEPARTMENT OF
PUBLIC WORKS AND THAT no deed or deeds shall pass in accordance
herewith, until the same shall have been first approved by the City Solicitor.

ORDINANCES 181

Sec. 3. Ayid be it further ordahied, That this ordinance shall take effect from
the date of its passage.

Approved May 16, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 72
(Council No. 106)

AN ORDINANCE concerning

SUPPLEMENTARY APPROPRIATION -DEPARTMENT OF EDUCATION

FOR the purpose of providing a supplementary general fund appropriation in
the amount of Seventy-five Thousand Dollars ($75,000) to the Department of
Education to be used for salaries and related costs of school crossing guards
which could not reasonably be anticipated at the time of formulation of the
fiscal 1984 Ordinance of Estimates.

BY authority of

Article VI -Board of Estimates

Section 2(hX3)

Baltimore City Charter (1964 Revision as amended)

Whereas, the money appropriated herein represents revenue produced by
motor vehicle parking fines in excess of the amount from this source estimated
and relied upon by the Board of Estimates in determining the tax levy required
to balance the budget for the 1984 fiscal year, and said money is therefore
available for appropriation to the Department of Education pursuant to the pro-
visions of Article VI, Section 2(hX3) of the Baltimore City Charter (1964 Revision
as amended); and

Whereas, the additional sum here appropriated is for a program included in
the current principal Ordinance of Estimates and is made necessary by a
material change in circumstances since the formulation and adoption of such
Ordinance, in accordance with Article VI, Section 2(hX3) of said Charter; and

Whereas, the supplementary general fund appropriation ordained herein has
been recommended to the City Council by the Board of Estimates, said recom-
mendation having been made at a regular meeting of said Board held on the 18th
day of January, 1984, all in accordance with Article VI, Section 2(hX3) of said
Charter.

182 ORDINANCES Ord. No. 73

and related costs of school crossing guards which could not reasonably be an-
ticipated at the time of formulation of the fiscal 1984 Ordinance of Estimates.
The amount thus made available as a supplementary general fund appropriation
shall be expended from revenue derived from motor vehicle parking fines in ex-
cess of the amount from this source which was estimated or relied upon by the
Board of Estimates in determining the tax levy required to balance the budget
for the 1984 fiscal year; and said funds from motor vehicle parking fines shall be
the source of revenue for this supplementary general fund appropriation, as re-
quired by Article VI, Section 2 of the Baltimore City Charter (1964 Revision as
amended).

Sec. 2. And be it further ordained, That this ordinance shall take effect from
the date of its passage.

Approved May 16, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 73
(Council No. 107)
AN ORDINANCE concerning

SUPPLEMENTARY APPROPRIATION -DEPARTMENT OF
TRANSIT AND TRAFFIC

FOR the purpose of providing a supplementary general fund appropriation in the
amount of Sixty-five Thousand Dollars ($65,000) to the Department of Transit
and Traffic to be used for salaries and related costs of parking control agents
which could not reasonably be anticipated at the time of formulation of the
fiscal 1984 Ordinance of Estimates.

BY authority of

Article VI -Board of Estimates

Section 2(hX3)

Baltimore City Charter (1964 Revision as amended)

Whereas, the money appropriated herein represents revenue produced by
motor vehicle parking fines in excess of the amount from this source estimated
and relied upon by the Board of Estimates in determining the tax levy required
to balance the budget for the 1984 fiscal year, and said money is therefore
available for appropriation to the Department of Transit and Traffic pursuant to
the provisions of Article VI, Section 2(hX3) of the Baltimore City Charter (1964
Revision as amended); and

Whereas, the additional sum here appropriated is for a program included in
the current principal Ordinance of Estimates and is made necessary by a
material change in circumstances since the formulation and adoption of such
Ordinance, in accordance with Article VI, Section 2(hX3) of said Charter; and

ORDINANCES 183

Wherkas, the supplementary general fund appropriation ordained herein has
been recommended to the City Council by the Board of Estimates, said recom-
mendation having been made at a regular meeting of said Board held on the 18th
day of January, 1984, all in accordance with Article VI, Section 2(hX3) of said
Charter.

Section I. Be it ordained by the Mayor and City Couyicil of Baltimore, That
under the provisions of Article VI, Section 2 of the 1964 revision of the Charter
of Baltimore City, the sum of Sixty-five Thousand Dollars ($65,000) shall be
made available to the Department of Transit and Traffic as a supplementary
general fund appropriation for the fiscal year ending June 30, 1984, for the pur-
pose of salaries and related costs of parking control agents which could not
reasonably be anticipated at the time of formulation of the fiscal 1984 Ordinance
of Estimates. The amount thus made available as a supplementary general fund
appropriation shall be expended from revenue derived from motor vehicle park-
ing fines in excess of the amount from this source which was estimated or relied
upon by the Board of Estimates in determining the tax levy required to balance
the budget for the 1984 fiscal year; and said funds from said motor vehicle park-
ing fines shall be the source of revenue for this supplementary general fund ap-
propriation, as required by Article VI, Section 2 of the Baltimore City Charter
(1964 Revision as amended).

Sec. 2. And be it further ordained, That this ordinance shall take effect from
the date of its passage.

Approved May 16, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 74
(Council No. 119)

AN ORDINANCE concerning

REZONING- NORTH AVENUE TRANSIT STATION
URBAN RENEWAL AREA

FOR the purpose of changing the zoning as follows:

(1) 2501 Pennsylvania Avenue (portion only) from the B-2-3 to the B-2-4 Zon-
ing District as outlined in red on the plat accompanying this ordinance; and

(2) 2509 through 2517 Pennsylvania Avenue from the B-3-2 to the B-2-4 Zon-
ing District, as outlined in blue on the plat accompanying this ordinance.

BY amending Zoning District Maps
Sheet No. 44
Article 30 -Zoning
Baltimore City Code (1983 Replacement Volume, as amended)

184 ORDINANCES Ord. No. 75

Section \. Be it ordained by the Mayor and City Council of Baltimore, That
Sheet No. 44 of the Zoning Districi Maps of Article 30 of the Baltimore City Code
(1983 Replacement Volume, as amended) title "Zoning" be and it is hereby
amended by changing:

(1) 2501 Pennsylvania Avenue (portion only) from the B-2-3 to the B-2-4 Zoning
District, as outlined in red on the plat accompanying this ordinance; and

(2) 2509 through 2517 Pennsylvania Avenue from the B-3-2 to the B-2-4 Zoning
District as outlined in blue on the plat accompanying this ordinance.

Sec. 2. And be it further ordained, That upon passage of this ordinance by the
City Council, as evidence of the authenticity of the plat which is a part hereof and
in order to give notice to the departments which are administering the Zoning
Ordinance, the President of the City Council shall sign the plat and when the
Mayor approves the ordinance, he shall sign the plat. The Director of Finance
shall then transmit a copy of the ordinance and one of the plats to the following:
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com-
missioner of the Department of Housing and Community Development, the
Supervisor of Assessments for Baltimore City and the Zoning Administrator.

Sec. 3. And be it further ordained, That this ordinance shall take effect thirty
days from the date of its passage.

Approved May 16, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 75
(Council No. 131)
AN ORDINANCE concerning

CITY PROPERTY -SALE

FOR the purpose of authorizing the Mayor and City Council of Balti-
more to sell either at public or private sale all the interest of the Mayor and
City Council of Baltimore in and to a certain parcel of land no longer needed
for public use located at Lot 3/10, Ward 25, Section 2, Block 7703K containing
0.286 acres of land more or less.

BY authority of

Article V -Comptroller

Section 5(b)

Baltimore City Charter (1964 Revision as amended)

Section I. Be it ordaitied by the Mayor and City Council of Baltimore, That
the Comptroller of Baltimore City be and he is hereby authorized to sell at either
public or private sale in accordance with Article V Section 5(b) of the City
Charter, all of the interest of the Mayor and City Council of Baltimore in and to
that parcel of land situate in Baltimore, Maryland, and described as follows:

ORDINANCES 185

BEING Lot 3/10 Ward 25, Section 2, Block 7703K contiiining 0.286 acres of
land more or less.

Said property' being no longer needed for public use.

Sec. 2. Be it further ordained, That no deed or deeds shall pass in accordance
here\Aith until the same shall have been first approved by the City Solicitor.

Sec. 3. And be it further ordained, That this ordinance shall take effect from
the date of its passage.

Approved May 16, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 76
(Council No. 167)

AN ORDINANCE concerning

THE URBAN RENEWAL PLAN FOR THE CAMDEN STATION AREA
AMENDMENT NO. 1

FOR the purpose of amending the Camden Station Area Renewal Plan which
was originally adopted by Ordinance No. 1097, approved December 1, 1983 to
accomplish the follo\\ing:

1) To add an additional Urban Renewal objective to the Plan which will pro-
vide for the acquisition of propert>- uithin the Project area for Convention
Center expansion or for uses compl e mentary COMPLEMENTING or support-
ing the Convention Center.

2) To provide the authority for Cit>' acquisition for redevelopment purposes
by purchase, gift, de\ise, exchange, condemnation or any other lawful manner
the fee simple interest or any lesser interest in the property- bounded by
Camden, Sharp and Conway Streets and Interstate Route No. 395.

3) Add TO ADD a new Exhibit "E" entitled "Acquisition Plan."

BY authorit>' of

Article 13 Section 25(g)

Baltimore Cit>- Code (1083 Edition, as am e nd e d) (1983 REPL. VOL., AS
AMENDED)

Whereas, pursuant to Article 13, Section 25(g) of the Baltimore City Code
(1063 Edition, as am e nd e d) , no substantial change or changes shall be made in
any renewal plan after approval by ordinance, without such change or changes
first being adopted and approved by ordinance, AND \^ithout such change or
changes first being adopted and approved in the same manner as set forth in said
Article 13 for the approval of an urban renewal plan, namely the preparation of
such change or changes by the Department of Housing and Community Develop-

186 ORDINANCES Ord. No. 76

ment the approval of such change or changes by the Director of the Department
of Planning, and approval and adoption by an ordinance of the Mayor and City
Council of Baltimore after a public hearing in relation thereto, all in the manner
set forth in said Article 13; and

Whereas, said Amendment No. 1 to the Urban Renewal Plan for the Camden
Area Project has been approved by the Director of the Department of Planning
with respect to its conformity as to the Master Plan, the detailed location of any
public improvements proposed in the amended Renewal Plan, its conformity to
the rules and regulations for subdivisions, and its conformity to existing zoning
districts; and said amended Renewal Plan has been approved and recommended
to the Mayor and City Council of Baltimore by the Commissioner of the Depart-
ment of Housing and Community Development; now, therefore.

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That
the amendments and changes to Renewal Plan for the Camden Station Area
Project, (hereinafter referred to as "the Amended Plan") as set forth in Section 2
hereby having been duly reviewed and considered are hereby approved and the
Clerk of the City Council is hereby directed to file a copy of said Amended
Renewal Plan with the Department of Legislative Reference as a permanent
public record and to make the same available for public inspection and informa-
tion.

Sec. 2. And be it further ordained, That the amendments and changes having
been reviewed and considered as part of the aforesaid complete Amended
Renewal Plan, are fully set forth, as follows:

1. In the Table of Cont e nt CONTENTS add "Exhibit E -Acquisition Plan."

2. On Page 1 in Section B entitled "Urban Renewal objectives" add Paragraph
PARAGRAPH 8 as follows:

"8. To acquire property for the expansion of the Convention Center or for
uses complementing or supporting the Convention Center."

3. On Page 3 in Section D entitled "Types of Renewal Action to be Used To
Achieve Plan Objectives", Paragraph PARAGRAPH 2, "Acquisition of Prop-
erty", add S ubparagraph SUBPARAGRAPH (a) and redesignate the remain-
ing text S ubparagraph SUBPARAGRAPH (b), as follows:

"(a) The City will acquire for redevelopment purposes by purchase, gift,
devise, exchange, condemnation or any other lawful manner the fee simple in-
terest or any lesser interest in the following properties which are identified on
Exhibit E ""-Acquisition Plan."

(1) The block bounded by Camden, Sharp and Conway Streets and In-
terstate Route No. 395.

(b) x X X X

4. Add a new Exhibit E, entitled "Acquisition Plan."

Sec. 3. And be it further ordained, That IN whatever respect, if any, the Amended
Renewal Plan approved hereby for the Camden Station Area Project may not meet

ORDINANCES 187

the requirements as to the content of a renewal plan or the procedure for the prepara-
tion, adoption, and approval of renewal plans as provided in Article 13
of the Baltimore City Code (1983 Edition, as amended), the said requirements
are hereby waived and the amended Renewal Plan approved hereby is exempted
therefrom.

Sec. a. And be it further ordained, That in the event it be judicially determined
that any word phrase, clause, sentence, paragraph, section or part in or of this
ordinance or the application thereof to any person or circumstance is invalid, the
remaining provisions and the application of such provisions to other persons or
circumstances shall not be affected thereby, the Mayor and City Council hereby
declaring that they would have ordained the remaining provisions of this or-
dinance without the word, phrase, clause, sentence, paragraph, section or part of
the application thereof so held invalid.

Sec. 5. And be it further ordained, That in any case where a provision of this
ordinance concerns the same subject matter as an existing provision of any zon-
ing, building, electrical, plumbing, health, fire or safety ordinance or code or
regulation, the applicable provisions concerned shall be construed so as to give
effect to each; provided, however, ihat if such provisions are found to be in ir-
reconcilable conflict; the provision which establishes the higher standard for the
promotion and protection of the public health and safety shall prevail. In any case
where a provision of this ordinance is found to be in conflict with an existing pro-
vision of any other ordinance or code or regulation in force in the City of
Baltimore which establishes a lower standard for the promotion and protection of
the public health and safety, the provision of this ordinance shall prevail, and the
other existing provision of such other ordinance or code or regulation is hereby
repealed to the extent that it may be found in conflict with this ordinance.

Sec. 6. And be it further ordained. That this ordinance shall take effect from
the date of its passage.

Approved June 4, 1984

WILLIAM DONALD SCHAEFER, Mayor

188 ORDINANCES Ord. No. 77

No. 77
(Council No. 177)

AN ORDINANCE concerning

URBAN RENEWAL -BROOKLYN BUSINESS AREA-
AMENDMENT 1 TO THE URBAN RENEWAL PLAN

FOR the the purpose of amending the Urban Renewal Plan for the Brooklyn
Business Area to, among other things, (1) revise the project boundary to in-
clude a portion of the block bounded by Washburn Avenue, Potee, Talbott, and
Leadenhall Streets; (2) authorize the acquisition of certain properties in the
vicinity of Patapsco Avenue and Potee Street by the Mayor and City Council
of Baltimore; (3) revise the regulations regarding coin-operated amusement
devices and amusement arcades; (4) create, combine, and/or modify the bound-
aries and land us e of c e rtain disposition lots; (5) . LAND USE, AND CON-
TROLS OF CERTAIN DISPOSITION LOTS; (5) DESIGNATE UTILITY
EASEMENTS ON CERTAIN DISPOSITION LOTS; (6) PROVIDE FOR
THE WIDENING OF CERTAIN STREETS; (7) recommend zoning district
changes and provide that the approval of Amendment 1 shall not be construed
as an .enactment of said changes; (6) (8) revise the Exhibits attached to the
Urban Renewal Plan to reflect the changes being proposed herein; f?) (9)
waive such requirements, if any, as to content or procedure for the prepara-
tion, adoption and approval of renewal plans as set forth in Article 13 of the
Baltimore City Code (1983 Replacement Volume) which the Urban Renewal
Plan for the Brooklyn Business Area may not meet; (8) (10) provide for the
separability of the various parts and applications of this ordinance; (^(11) pro-
vide that where the provisions of this ordinance shall conflict with any other
ordinance, code or regulation in force in the City of Baltimore, the provision
which establishes the higher standard shall prevail; and (i^ (12) provide for an
effective date hereof.

Vhereas, an Urban Renewal Plan for the Brooklyn Business Area was first
approved by the Mayor and City Council of Baltimore by Ordinance No. 852,
dated December 21, 1982; and

Whereas, pursuant to Article 13 of the Baltimore City Code (1983 Replace-
ment Volume), no substantial change or changes shall be made in any renewal
plan, after approval by ordinance, without such change or changes first being
adopted and approved in the same manner as set forth in said Article 13 for the
approval of a renewal plan, namely the preparation of such change or changes by
the Department of Housing and Community Development, the approval of such
change or changes by the Director of the Department of Planning, and approval
and adoption by an ordinance of the Mayor and City Council of Baltimore after a
public hearing in relation thereto, all in the manner set forth in said Article 13;
and

Whereas, extensive changes in the Urban Renewal Plan make it infeasible to
make line-by-line changes; therefore, the Department of Housing and Communi-
ty Development has prepared an amended Urban Renewal Plan for the Brooklyn

ORDINANCES 189

Business Area, revised to include Annendment No. 1, dated March 9, 1984 AND
REVISED APRIL 20, 1984; and

Whereas, said amended Urban Renewal Plan for the Brooklyn Business Area
has been approved by the Director of the Department of Planning with respect to
its conformity as to the Master Plan, the detailed location of any public im-
provements proposed in the amended Renewal Plan, its conformity to the rules
and regulations for subdivisions, and its conformity to existing and proposed zon-
ing classifications; and said amended Renewal Plan has been approved and
recommended to the Mayor and City Council of Baltimore by the Commissioner
of the Department of Housing and Community Development; now, therefore.

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That
the amended Urban Renewal Plan for the Brooklyn Business Area, identified as
"Urban Renewal Plan, Brooklyn Business Area . . . revised to include Amend-
ment No. 1, dated March 9, 1984 AND REVISED APRIL 20, 1984," having been
duly reviewed and considered is hereby approved and the Clerk of the City Coun-
cil is hereby directed to file a copy of said amended Urban Renewal Plan with the
Department of Legislative Reference as a permanent public record and make the
same available for public inspection and information.

Sec. 2. And be it further ordained, That the boundary of the Brooklyn Business
Area shall be expanded to include a portion of the block bounded by Washburn
Avenue, Potee, Talbott, and Leadenhall Streets; therefore the boundary of the
Brooklyn Business Urban Renewal Area, as described in Ordinance No. 852,
dated December 21, 1982 Oines 7 through 80, pages 3 through 5) is hereby
amended to read as follows:

Beginning for the same at the intersection of the south side of Cambria
Street and the east side of Fifth Street; thence binding on the east side of
Fifth Street northerly to intersect the north side of Freeman Street; thence
binding on the north side of Freeman Street, crossing Fifth Street, and con-
tinuing westerly to intersect the west side of Helmstetter Street; thence bind-
ing on the west side of Helmstetter Street southerly to intersect the northern
property line of Lot 58, Block 7075; thence binding on the northern property
line of said Lot 58 westerly to intersect the east side of Fourth Street; thence
binding on the east side of Fourth Street northerly to intersect a point on the
east side of Fourth Street formed by extending the north side of an unnamed
13 foot alley in a straight line across Fourth Street; thence crossing Fourth
Street on said line and continuing on the north side of said unnamed 13 foot
alley westerly and crossing Third Street to the west side of Third Street;
thence binding on the west of Third Street southerly to intersect the north
side of E. Patapsco Avenue: thence binding on the north side of E. Patapsco
Avenue westerly to intersect the east side of Second Street; thence binding on
the east side of Second Street northerly to intersect the north side of
Chesapeake Avenue; thence binding on the north side of Chesapeake Avenue
southwesterly to intersect the west side of Hanover Street; thence binding on
the west side of Hanover Street southerly to intersect the eastern right-of-way
line of the Harbor Tunnel Throughway Access Ramp for Potee Street and
Patapsco Avenue; thence binding on said right-of-way line southwesterly
northwesterly, southwesterly, and southeasterly to intersect the west side of

190 ORDINANCES Ord. No. 77

an unnamed 20 foot alley; thence binding on the west side of said 20 foot alley
southerly to intersect the north side of W. Patapsco Avenue; thence binding on
the north side of W. Patapsco Avenue northwesterly, crossing the access ramp
for the Harbor Tunnel Throughway and Potee Street, to intersect the west
side of Potee Street; thence binding on the west side of Potee Street northerly
to intersect the southern right-of-way line of the Baltimore Harbor Tunnel
Throughway; thence binding on said right-of-way of said Throughway
southwesterly, northwesterly and southwesterly to intersect the southern
boundary line of Baltimore City; thence binding on the southern boundary line
of Baltimore City easterly to intersect the east side of Riverside Road; thence
binding on the east and south sides of Riverside Road northerly and easterly to
•intersect the east side of Leadenhall Street; thence binding on the east side of
Leadenhall Street northerly, crossing Talbott Street, to intersect the south side
of the first 15 foot alley; thence binding on the south side of said 15 foot alley
easterly to intersect the east side of the first 10 foot alley; thence binding on the
east side of said 10 foot alley northerly to intersect the south side of Washburn
Avenue; thence binding on the south side of Washburn Avenue easterly to in-
tersect the western property line of Lot 1/5, Block 7027-F; thence binding on
said property line southerly and easterly to intersect the west side of an un-
named 14 foot alley; thence binding on the west side of said 14 foot alley
southerly to intersect the north side of Bristol Avenue; thence binding on the
north side of Bristol Avenue westerly to intersect the east side of Potee
Street; thence binding on the east side of Potee Street southerly and
southeasterly to a point on the east side of Potee Street formed by extending
the southeastern property line of Lot 15, Block 7027- J in a straight line across
Potee Street; thence crossing Potee Street and continuing on the southeastern
property line of said Lot 15 southwesterly to intersect the southern boundary
line of Baltimore City; thence binding on the southern boundary line of
Baltimore City easterly and southeasterly to intersect the east side of Second
Street; thence binding on the east side of Second Street northerly to intersect
the north side of Jack Street; thence binding on the north side of Jack Street
westerly to intersect the east side of an unnamed 30 foot alley; thence binding
on the east side of said 30 foot alley northerly to intersect the south side of
Cambria Street; thence binding on the south side of Cambria Street
southeasterly to the point of beginning.

Sec. 3. And he it further ordained, That it is necessary to acquire, by purchase
or by condemnation, for urban renewal purposes, the fee simple interest or any
lesser interest in and to certain properties or portions thereof, together with all
right, title, interest and estate that the owner or owners of said property interest
may have in all streets, alleys, ways or lanes, public or private, both abutting the
whole area described and/or contained within the perimeter of said area, situate
in Baltimore City, Maryland, and described as follows:

100 W. Garrett Street

3640 Potee Street

Lot 33/34, Block 7027- A, described as the property on the south side of
W. Patapsco Avenue, 298 feet west of Potee Street

ORDINANCES 191

Lot 27, Block 7027-B, described as the property on the south side of W. Pa-
tapsco Avenue, 288 feet northwest of Potee Street

Lot 1, Block 7027-D, described as the property on the north side of Riverside
Road at the northwest corner of the new City line

Lot 18, Block 7027-M, described as the property on the south side of
W. Washburn Avenue at the southeast corner of Leadenhall Street

Sec. 4. And be it further ordained, That the Real Estate Acquisition Division of
the Department of the Comptroller, or such person or persons and in such man-
ner as the Board of Estimates, in the exercise of the power vested in it by Article
V, Section 5, of the Baltimore City Charter, may hereafter from time to time
designate, is or are authorized to acquire on behalf of the Mayor and City Council
of Baltimore and for the purposes described in this ordinance, the fee simple in-
terest or any lesser interest in and to the properties or portions thereof
hereinabove mentioned. If the said Real Estate Acquisition Division of the
Department of the Comptroller, or such person or persons and in such manner as
the Board of Estimates in the exercise of the power vested in it by Article V, Sec-
tion 5, of the Baltimore City Charter may hereafter from time to time designate,
is or are unable to agree with the owner or owners on the purchase price for said
properties or portions thereof, it or they shall forthwith notify the City Solicitor
of Baltimore City, who shall thereupon institute in the name of the Mayor and
City Council of Baltimore the necessary legal proceedings to acquire by condem-
nation the fee simple interest or any lesser interest in and to said properties or
portions thereof.

Sec. 5. And be it further ordained, That the revised regulations regarding coin-
operated amusement devices and amusement arcades as contained in Section
B.2.a. of the Urban Renewal Plan are hereby approved.

Sec. 6. And be it further ordained. That the creation, combination, and/or
modificiation of the boundaries and change in land uses of AND CONTROLS ON
certain disposition lots, as shown in the amended Urban Renewal Plan IN SEC-
TION B.2.C AND on Exhibit 3 -Land Disposition, dated as revised March 9 ,
1^84 APRIL 20, 1984, are hereby approved.

SEC. 7. AND BE IT FURTHER ORDAINED, THAT UTILITY
EASEMENTS SHALL BE CREATED ON CERTAIN DISPOSITION LOTS,
AS SHOWN ON EXHIBIT 3 -LAND DISPOSITION, DATED AS REVISED
APRIL 20, 1984.

SEC. 8. AND BE IT FURTHER ORDAINED, THAT THE WIDENING OF
PORTIONS OF GARRETT STREET AND PONTIAC AVENUE, AS SHOWN
ON EXHIBIT 1 -LAND USE PLAN AND ON EXHIBIT 3-LAND DISPOSI-
TION, DATED AS REVISED APRIL 20, 1984. ARE HEREBY APPROVED.

Sec. 7 9. And be it further ordained. That the approval of Amendment No. 1 to
the Urban Renewal Plan for the Brooklyn Business Area shall not be construed

192 ORDINANCES Ord. No. 77

as an enactment of the amendments to the Zoning Ordinance of Baltimore City
that are shown in the amended Urban Renewal Plan on Exhibit 4, Zoning
Districts, dated as revised March 9, 1984.

Sec. 8 10. And be it further ordained, That Exhibits 1 through 2 AND A, dated
as .revised March 9, 1984 AND EXHIBITS 1 AND 3, DATED AS REVISED
APRIL 20, 1984, which are a part of said amended Renewal Plan and reflect the
changes proposed herein are hereby approved.

Sec. 9 11. And be it further ordained, That in whatever respect, if any, the
amended Renewal Plan approved hereby for the Brooklyn Business Area may
not meet the requirements as to the content of a Renewal Plan or the procedures
for the preparation, adoption, and approval of renewal plans, as provided in
Article 13 of the Baltimore City Code (1983 Replacement Volume), the said re-
quirements are hereby waived and the amended Renewal Plan approved hereby
is exempted therefrom.

Sec. ^ 12. And be it further ordained, That in the event it be judicially deter-
mined that any word, phrase, clause, sentence, paragraph, section or part in or of
this ordinance or the application thereof to any person or circumstances is in-
valid, the remaining provisions and the application of such provisions to other
persons or circumstances shall not be affected thereby, the Mayor and City
Council hereby declaring that they would have ordained the remaining provisions
of this ordinance without the word, phrase, clause, sentence, paragraph, section
or part of the application thereof so held invalid.

Sec. 14 13. And be it further ordained. That in any case where a provision of
this ordinance concerns the same subject matter as an existing provision of any
zoning, building, electrical, plumbing, health, fire or safety ordinance or code or
regulation, the applicable provisions concerned shall be construed so as to give
effect to each; provided, however, that if such provisions are found to be in ir-
reconcilable conflict, the provision which establishes the higher standard for the
promotion of the public health and safety shall prevail. In any case where a provi-
sion of this ordinance is found to be in conflict with an existing provision of any
other ordinance or code or regulation in force in the City of Baltimore which
establishes a lower standard for the promotion of the public health and safety,
the provision of this ordinance shall prevail, and the other existing provision of
such other ordinance or code or regulation is hereby repealed to the extent that it
may be found in conflict with this ordinance.

Sec. i2 14. And be it further ordained. That this ordinance shall take effect
from the date of its passage.

Approved June 4, 1984

WILLIAM DONALD SCHAEFER, Mayor.

ORDINANCES 193

No. 78
(Council No. 224)

A^ ORDINANCE c6ncerning

INDUSTRIAL DEVELOPMENT REVENUE BONDS -
RIEMAN BLOCK PROJECT

FOR the purpose of authorizing and empowering Mayor and City Council of
Baltimore (the "City") to issue, sell and deliver, at any time or from time to time
and in one or more series, as limited obligations of the City and not upon its full
faith and credit, its industrial development revenue bonds, to be designated
"Baltimore City, Maryland Industrial Development Revenue Bonds ( Reiman
RIEMAN Block Project)" (the "Bonds") in an aggregate principal amount not to
exceed $950,000, pursuant to the provisions of Sub-Section (50) of Article II of
the Charter of Baltimore City (1964 Revision) as amended, in order to make the
proceeds from the sale thereof available to Rieman Block Limited Partnership, a
Maryland limited partnership (the "Borrower") by making a direct loan to the
Borrower, all for the sole and exclusive purpose of financing the costs, charges,
fees and expenses in connection with (a) the issuance and sale of the Bonds; (b)
the acquisition, reconstruction and rehabilitation of certain real property and the
improvements located in Baltimore City; and (c) the acquisition and installation
of certain machinery and equipment, said REAL PROPERTY, improvements,
machinery and equipment (the "Project") to be owned by the Borrower as a
multi-family RENTAL housing project to provide 27 apartment units and one
commercial unit in Baltimore City, at least twenty percent (20%) (or at least fif-
teen percent (15%), if the Project is deemed to be a "Targeted Area Project") of
which rental dwelling units shall, upon completion, be leased to persons having
low or moderate income, in compliance with the requirements of Section
103(fiXBX4XA) of the Internal Revenue Code of 1954, as amended, and the
regulations promulgated thereunder, authorizing the City to loan the proceeds
to the Borrower pursuant to a loan agreement between the City and the Bor-
rower; authorizing Mayor of the City to accept, on behalf of the City, the BOR-
ROWER'S letter of intent dated March 2, 1984; making certain legislative find-
ings; authorizing and empowering the Board of Finance of the City, prior to the
issuance and delivery of such Bonds, to adopt a resolution pursuant to which the
Board of Finance of the City shall (a) prescribe, among other things but not
limited to, the form, terms, provisions, sources of payment, manner or method of
issuing and selling, and the time or times of issuance, and any and all other
details of such Bonds, and (b) do any and all things necessiiry, proper and ex-
pedient in connection with the issuance and sale of such Bonds; authorizing the
sale of the Bonds by private (negotiated) or public (retail) sale; providing that the
Borrower shall agree to submit certain plans and specifications to, and to coor-
dinate with, the Department of Housing and Community Development in con-
nection with such reconstruction, rehabilitation and equipping of the Project;
and generally providing for and determining various matters and details in con-
nection with the authorization, issuance, security, sale and payment of such
series of Bonds.

194 ORDINANCES Ord. No. 78

RECITALS

Sub-section (50) of Article II of the Charter of Baltimore City (1964 Revision,
as amended, (the "Enabling Law"), empowers Mayor and City Council of
Baltimore (the "City") to is?ue revenue bonds and to use the proceeds of the sale
of such revenue bonds to finance, undertakings for the accomplishment of any of
the purposes, objects and powers of the City. Some of the general objectives of
the City, contemplated by the Enabling Law, include (a) the relief of conditions of
unemployment in Baltimore City, (b) promoting the health, welfare and safety of
the residents of Baltimore City, and (c) promoting commercial and economic
development in Baltimore City.

The City has received a letter of intent dated March 2, 1984 (the "Letter of In-
tent") from Rieman Block Limited Partnership, a Maryland partnership (the
"Borrower") pursuant to which the Borrower has requested that the City par-
ticipate in the financing of the costs, charges, fees and expenses in connection
with a certain project (hereinafter described and referred to as the "Project") by
issuing and selling its industrial development revenue bonds in the aggregate
principal amount not to exceed $950,000 (the "Bonds") and loaning the proceeds
from the sale thereof to the Borrower pursuant to a loan agreement (the "Loan
Agreement").

The Project will consist of (a) the acquisition, reconstruction and rehabilitation,
so as to contain rental dwelling units and one commercial unit of certain real
estate and those eight certain buildings that are known as 617-31 West Lex-
ington Street in Baltimore City together with all existing improvements located
therein, (b) the acquisition and installation of certain equipment and machinery
that is necessary or deemed by the Borrower to be usefuMn connection with the
operation of the Project and (c) the acquisition of such interests in land as may be
necessary or desirable for the Project, together with roads, other rights of ac-
cess, utilities and other necessary facilities. The Project will be owned by the
Borrower. At least twenty percent (20%) of the rental Unita UNITS in the Project
(or at least fifteen percent (15%) if the Project is deemed to be a "targeted area
project") are to be leased, upon completion, to persons having low or moderate in-
come, in compliance with the requirements of Section 103(BXBX4XA) of the Inter-
nal Revenue Code of 1954, as amended, and the regulations promulgated
thereunder.

The Loan Agreement will provide that payments by the Borrower shall be suf-
ficient to enable the City to pay the principal of and interest and premium, if any,
on the Bonds when and as the same shall be due and payable.

The Loan Agreement will require the Borrower to use the proceeds of the
Bonds solely to finance the Project (except to the extent of amounts permitted
hereunder and by the Loan Agreement to be expended for other purposes).

As security for the Bonds, the City may enter into a trust indenture (the "In-
denture" ) with a corporate trustee (the "Trustee") to be appointed by the Board
of Finance of the City (the "Board of Finance") or an assignment agreement (the
"Assignment") with the ORIGINAL purchaser of the Bonds (the "Purchaser")
AND A TRUSTEE (WHICH MAY BE THE PURCHASER) (THE "PROJECT

ORDINANCES 195

FUND TRUSTEE"). Pursuant to an Indenture or pursuant to the Assignment in
the event that an Indenture is determined to be unnecessary, the City will assign
to the Trustee or the Purchaser (among other things), (a) all of the City's right,
title and interest in and to and remedies under any Loan Agreement or any
regulatory agreement between the Borrower and the City relating to the tax ex-
emption of interest on the Bonds (the "Regulatory Agreement") (excepting only
the right of the City to indemnification by the Borrower and to payments to the
City for expenses incurred by the City itself) including any and all collateral
referred to therein, (b) the receipts and revenues of the City from any loan
payments by the Borrower, (c) moneys which are at any time or from time to
time on deposit with the Trustee, (d) all right, title and interest in and to and
remedies with respect to any and all other property of every description and
nature from time to time by delivery or by writing of any kind conveyed,
pledged, assigned or transferred, as and for additional security for the Bonds, by
the City or by anyone on its behalf or with its written consent, to the Trustee,
and (e) all of the City's right, title and interest in and to and remedies under such
other documents, including, without limitation, mortgages, deeds of trust,
assignments, leases, guaranties and security agreements, as the Board of
Finance shall deem appropriate or necessary to effectuate the issuance, sale and
delivery of the Bonds and which the Board of Finance shall approve by resolution
(the "Resolution") to be adopted by the Board of Finance prior to the issuance,
sale and delivery of the Bonds.

The Bonds may be sold by private (negotiated) sale or by public (retail) sale sub-
ject to such terms and conditions as shall be approved by the Board of Finance,
including the form of and the manner of execution and delivery of an official
statement or other offering circular to be distributed in connection with a public
offering of the Bonds or an information memorandum or other official informa-
tional document prepared in connection with a private placement of Bonds.

THE TAXATION AND FINANCE COMMITTEE OF THE CITY COUNCIL
HELD A PUBLIC HEARING, PURSUANT TO NOTICE PUBLISHED IN A
NEWSPAPER OF GENERAL CIRCULATION IN THE CITY FOR THE PUR-
POSE OF APPRISING AFFECTED RESIDENTS OF THE CITY OF THE
PROPOSED ISSU.AJ^CE OF THE BONDS AND ALLOWING SUCH
RESIDENTS TO APPEAR AND BE HEARD CONCERNING THE IS-
SUANCE OF THE BONDS AND THE LOCATION AND NATURE OF THE
PROJECT. MAYOR AND CITY COUNCIL OF BALTIMORE HAS DETER-
MINED FOLLOWING SUCH PUBLIC HEARING THAT THE ISSUANCE
OF THE BONDS TO FINANCE THE PROJECT IS IN THE PUBLIC IN-
TEREST AND FOR A PUBLIC PURPOSE AND BY THIS ORDINANCE HAS
GIVEN ITS APPROVAL THERETO.

NOW, THEREFORE, IN ACCORDANCE WITH THE ENABLING LAW:

Section I. Be it ordained by Mayor and City Council of Baltimore, That act-
ing pursuant to the Enabling Law, it is hereby found and determined as follows:

(a) The issuance and sale of the Bonds by the City pursuant to the Enabling
Law in order to lend the proceeds thereof directly to the Borrower for the sole
and exclusive purpose of financing the issuance and sale of the Bonds and the

196 ORDINANCES Ord. No. 78

costs of the Project will facilitate, enable and expedite the completion of the Proj-
ect by the Borrower.

(b) The completion of the Project by the Borrower and the financing thereof as
provided in this Ordinance will serve to promote the general purposes con-
templated by the Enabling Law by (i) sustaining jobs and employment in
Baltimore City, (ii) promoting economic development in Baltimore City; and (iii)
encouraging the increase of industry and a balanced economy in Baltimore City.

(c) Neither the Bonds nor the interest or premium (if any) thereon shall ever be
general obligations of the City or constitute a pledge of or involve the faith and
credit or the taxing powers of the City, and neither shall constitute a debt of the
City within the meaning of Section 7 of Article XI of the Constitution of
Maryland or within the meaning of any other constitutional or charter provision
or statutory limitation, and neither shall ever constitute or give rise to any
pecuniary liability of the City. The Bonds and the interest thereon shall be
limited obligations of the City, repayable by the City solely from the sources
prescribed by the Board of Finance in the Resolution which may include loan
repayments made by the Borrower, moneys derived from any collateral pledged
under any document or security agreement executed and delivered in connection
with issuance, sale and delivery of the Bonds, any moneys held from time to time
by the Trustee (IF ONE IS APPOINTED), including unexpended Bond proceeds
and investment earnings thereon, and any other moneys made available to the
City for such purpose. The proceeds of the Bonds of each series will be paid
directly to the Trustee (or to th e hold e rs of th e Bonds in th e ev e nt a trustee is not
appoint e d for such purpos e ) OR TO PROJECT FUND TRUSTEE to be dis-
bursed by the Trustee as provided in the Indenture or a Loan Agr ee m e nt OR
BY THE PROJECT FUND TRUSTEE AS PROVIDED IN THE ASSIGN-
MENT, EITHER OF WHICH to be approved by the Board of Finance in the
Resolution. Loan payments will be paid directly to the Trustee (or the holders of
the Bonds in the event a Trustee is not appointed for such purpose) as provided in
the Indenture or a Loan Agreement to be approved by the Board of Finance in
the Resolution. No such moneys will be commingled with the City's funds or will
be subject to the absolute control of the City, but will be subject only to such
limited supervision and checks as are deemed necessary or desirable by the City
to insure that the proceeds of the Bonds are used to accomplish the public pur-
poses of the Enabling Law and this Ordinance. The transactions authorized
hereunder shall in no event constitute capital projects within the meaning of any
charter or statutory provisions. The public purposes expressed in the Enabling
Law are to be achieved by facilitating, enabling and expediting the completion of
the Project by the Borrower.

(d) The Board of Finance shall, in its discretion, provide in the Resolution for
whatever form of security, if any, it deems appropriate in connection with the is-
suance, sale and delivery of the Bonds. It is contemplated that, if the proceeds of
the Bonds are loaned to the Borrower, the City will acquire no interest in the
Project other than (i) any general interest in the Borrower's property shared by
all holders of the Borrower's obligations which rank and are secured equally with
the Borrower's obligations pursuant to the Loan Agreement, as applicable, (ii)
the lien and security interest created by a deed of trust, if any, and by the Loan
Agreement, as applicable, and (iii) any interest created by any other mortgage or

ORDINANCES 197

deed of trust or other security instrurnent executed and delivered by the Bor-
rower or any third party as security for a loan of the Bond proceeds as the Board
of Finance may provide for and approve in the Resolution and that the security
for the Bonds shall be solely and exclusively (iv) the absolute, irrevocable and un-
conditional obligation of the Borrower to make the payments required by the
Loan Agreement, (v) moneys from the liquidation of the lien and security interest
created by the deed of trust, if any, and the Loan Agreement, and of any other
lien or security interest created with respect to any property as security for a
loan of the Bonds proceeds or the Bonds as the Board of Finance may provide for
and approve in the Resolution, and (vi) moneys realized from any guaranty of the
Bonds or of any such loan as the Board of Finance may provide for and approve
in the Resolution.

Sec. 2. And be it further ordained, That the City is hereby authorized and em-
powered to issue, sell and deliver, at any time and from time to time and in one or
more series, and as limited obligations of the City and not upon its full faith and
credit, its Baltimore City, Maryland Industrial Development Revenue Bonds
(Rieman Block Project), in the aggregate principal amount not to exceed
$950,000 subject to the provisions of this Ordinance. The proceeds of the Bonds
will be loaned to the Borrower pursuant to the terms and provisions of the Loan
Agreement for the sole and exclusive purpose of financing the issuance and cost
of the Bonds and the costs, charges, fees and expenses of the Project. The Bonds
and the interest thereon shall be limited obligations of the City, repayable by the
City solely from the sources prescribed by the Board of Finance in the Resolution
which may include loan repayments by the Borrower on account of a loan by the
City of the Bond proceeds, any moneys derived from any collateral pledged
under any document or security agreement executed and delivered in connection
with the issuance, sale and delivery of the Bonds, any moneys held from time to
time by the Trustee, including unexpended Bonds proceeds and investment earn-
ings thereon, and any other moneys made available to the City for such purpose.
The security for the Bonds shall be solely and exclusively as provided in Section 1
of this Ordinance.

Sec. S.And be it further ordained, That this Ordinance constitutes the commit-
ment of the City to issue the Bonds, and the Mayor of the City is hereby author-
ized to accept the Letter of Intent on behalf of the City in order to further
evidence the commitment of the City to issue the Bonds in accordance with the
terms and provisions of this Ordinance.

Sec. 4. And be it further ordained, That each of the Bonds shall bear the
descriptive title "Baltimore City, Maryland Industrial Development Revenue
Bonds (Rieman Block Project)", provided that the descriptive title may contain
such other descriptive information as the Board of Finance may prescribe in the
Resolution (e.g. "Series A", or "1984 Series"). The Bonds shall bear interest at
the rate or rates of interest to be approved and prescribed by the Board of
Finance in the Resolution.

Sec. 5. And be it further ordained, That the definitive Bonds, which may be
engraved, printed or typewritten, including the Trustee's Certificate of Authen-

198 ORDINANCES Ord. No. 78

tication to be endorsed thereon, shall be in such form, not inconsistent with the
Enabling Law and the provisions of this Ordinance, as the Board of Finance may
approve in the Resolution.

Sec. 6. And be it further ordained, That the Bonds shall be executed in the
name of the City and on its behalf by the Mayor of the City, by his manual or fac-
simile signature, and by the Director of Finance of the City, by his manual or fac-
simile signature, and the corporate seal of the City or a facsimile thereof shall be
impressed or otherwise reproduced thereon and attested by the Custodian of the
City Seal, by his manual signature. Any Loan Agreement, Indenture, Regulatory
Agreement or any other document which the Board of Finance deems necessary
or appropriate to effectuate the issuance, sale and delivery of the Bonds, shall be
executed in the name of the City and on its behalf by the Mayor of the City (or
such other officer as the Mayor shall lawfully designate for the purpose) by his
manual signature, and the corporate seal of the City or a facsimile thereof shall
be impressed or otherwise reproduced thereon and attested by the Custodian of
the City Seal by his manual signature. In case any officer whose signature or a
facsimile of whose signature shall appear on the Bonds or any of the aforesaid
documents shall cease to be such officer before the delivery of the Bonds or any
of the other aforesaid documents, such signature or such facsimile shall never-
theless be valid and sufficient for all purposes, the same as if such officer had re-
mained in office until delivery. The Mayor of the City, the Director of Finance of
the City, the Custodian of the City Seal and other officials of the City are hereby
authorized and empowered to do all such acts and things and execute such
documents and certificates as the Board of Finance may determine in the Resolu-
tion to be necessary to carry out and comply with the provisions hereof.

Sec. 7. And be it further ordained, That the Bonds shall be executed, issued
and delivered at any time or from time to time in one or more series and in such
amount or amounts not exceeding, in the aggregate, the principal amount of
$950,000 as the Board of Finance shall prescribe in the Resolution.

Sec. 8. And be it further ordained. That the Bonds shall be dated, shall be in
such denominations, shall be of such form and tenor, and shall be payable in such
amounts at such times not exceeding 46 42 years from the date thereof and at
such place or places as the Board of Finance shall prescribe in the Resolution.

Sec. 9. And be it further ordained. That the Bonds may be subject to redemp-
tion prior to their stated maturities upon such terms and conditions as the Board
of Finance shall prescribe in the Resolution.

Sec. 10. And be it further ordained, That prior to the issuance, sale and
delivery of the Bonds, the Board of Finance shall adopt the Resolution pursuant
to which the Board of Finance shall:

(a) prescribe the form, tenor, terms, sources of payment, provisions and condi-
tions of and security for the Bonds;

ORDINANCES 199

(b) prescribe the actual amounts, rate or rates of interest (or the method of
determining the same), denominations, date, actual maturity or maturities and
the place or places of payment of the Bonds, and the terms and conditions and
details under which the Bonds may be called for redemption prior to their stated
maturities.

(c) appoint a bank having trust powers, or a trust company, as Trustee for the
Bonds (IF A TRUSTEE IS TO BE APPOINTED) and appoint a paying agent or
agents for the Bonds, which may be the Trustee;

(d) approve the form and contents, and authorize the execution and delivery
(where applicable) of any of the following documents: (i) a Loan Agreement,
(ii) an Indenture, (iii) a Regulatory Agreement, (iv) any preliminary and final of-
ficial statement or offering circular prepared in connection with the public sale of
the Bonds or any offering memorandum or other official informational document
prepared in connection with a private placement of the Bonds, and (v) such other
documents as the Board of Finance shall deem appropriate or necessary in order
to effectuate the issuance, sale and delivery of the Bonds;

(e) determine the time of execution, issuance, sale and delivery of the Bonds
and prescribe any and all other details of the Bonds;

(f) provide for the direct payment by the Lender or the Borrower of all costs,
fees and expenses incurred by or on behalf of the City in connection with the is-
suance, sale and delivery o*' the Bonds, including (without limitation) costs of
printing (if any) and issuing the Bonds, legal expenses and compensation to any
person (other than full time employees of the City) performing services by or on
behalf of the City in connection therewith;

(g) provide for the issuance and sale (subject to the passage of an appropriate
ordinance authorizing the same as may be required at the time) of one or more
series of additional bonds and one or more series of refunding bonds; and

(h) do any and all things, and authorize the officials of the City to do any and all

things, necessar>', proper or expedient in connection with the issuance, sale and
delivery of the Bonds.

Sec. 11. And be it further ordained, That any Loan Agreement, L e nd e r Loan
Agr ee m e nt, Indenture, D e posit Agr ee m e nt, D e v e lopm e nt Ag ree m e nt ASSIGN-
MENT, Regulatory Agreement or any official statement, offering circular or in-
formation memorandum prepared in connection with the sale of the Bonds shall
contain such terms, provisions and conditions, not inconsistent with the Enabling
Law and the provisions of this Ordinance, as the Board of Finance shall approve
in the Resolution.

Sec. 12. And be it further ordained, That, as authorized by the Enabling Law,
the Bonds may be sold by private (negotiated) sale or by public (retail) sale upon
such terms and conditions as shall be approved by the Board of Finance in the
Resolution. The Board is hereby authorized:

(a) to consent to the use by representatives of the Borrrower, any investment
bankers or other firms acting as underwriters or placement agents or otherwise
in regard to the sale of the Bonds, of (i) a preliminary and final official statement

200 ORDINANCES • Ord. No. 78

or offering circular in connection with any public offering of the Bonds or (ii) an
offering memorandum or other official informational document in connection
with any private placement of the Bonds; and

(b) to execute and deliver any purchase agreement for the Bonds by and be-
tween the City and the underwriters or other purchasers of the Bonds consistent
with, and subject to, the provisions of this Ordinance and the Enabling Law and
to accomplish any and all actions necessary or deemed appropriate by the City of-
ficials to issue and deliver the Bonds to such underwriters or purchasers in ac-
cordance with the provisions of this Ordinance and any such purchase agree-
ment.

Sec. 13. And be it further ordained, That the Bonds and the interest thereon
shall not be general obligations of the City or constitute a pledge of or involve the
faith and credit or the taxing power of the City, and shall not constitute a debt of
the City, all within the meaning of Section 7 of Article XI of the Maryland Con-
stitution or any other constitutional or charter provision or statutory limitation,
limiting or restricting the sale or issuance of bonds, notes, or other obligations of
the City. The Bonds and the interest thereon shall not constitute or give rise to
any pecuniary liability of the City. The Bonds, and the interest thereon, shall be
limited obligations of the City, the principal of and interest on which Bonds shall
be payable by the City solely from and to the extent of sources prescribed by the
Board of Finance in the Resolution which may include loan repayments made by
the Borrower on account of a loan of the Bond proceeds by the City to such party,
moneys derived from any collateral pledged under any document executed and
delivered in connection with the issuance, sale and delivery of the Bonds, moneys
held from time to time by the Trustee (IF ONE IS APPOINTED), including
unexpended Bond proceeds and investment earnings thereon, and from any
other moneys made available to the City for such purpose. The proceeds of the
Bonds and the payments to be made by the Borrower will be paid directly to the
Trustee (or to th e hold e rs of th e Bonds if no such trustee is appointed) OR THE
PROJECT FUND TRUSTEE to be held and disbursed by the Trustee as provid-
ed in the Indenture or th e Loan Agr ee m e nt OR BY THE PROJECT FUND
TRUSTEE AS PROVIDED IN THE ASSIGNMENT to be approved by the
Board of Finance in the Resolution. No such moneys will be commingled with the
City's Funds or will be subject to the absolute control of the City, but will be sub-
ject only to such limited supervision and checks as are deemed necessary or
desirable by the City to insure that the proceeds of the Bonds are used to ac-
complish the public purposes of the Enabling Law and this Ordinance.

Sec. 14. And be it further ordained, That the Borrower shall agree that:

(a) It will submit any plans and specifications for the construction and equip-
ping of the Project to the Department of Housing and Community Development
for approval, and that the Department of Housing and Community Development
may refuse approval of any plans and specifications for aesthetic or functional
reasons; and

(b) It and its developers will work with the design advisory group appointed by
the Department of Housing and Community Development in order to achieve
high quality and design.

ORDINANCES 201

Sec. 15. And be it further ordained, That the provisions of this Ordinance are
severable, and if any provision, sentence, clause, section or part hereof is held il-
legal, invalid or unconstitutional or inapplicable to any person or circumstances,
such illegality, invalidity or unconstitutionality, or inapplicability shall not affect
or impair any of the remaining provisions, sentences, clauses, sections, or parts
of this Ordinance or their application to other persons or circumstances and the
remaining provisions shall be construed so as to give practical realization to the
public purposes intended to be achieved hereunder and the protection against
pecuniary liability to be afforded to the City. It is hereby declared to be the
legislative intent that this Ordinance would have been passed if such illegal, in-
valid or unconstitutional provision, sentence, clause, section or part had not been
included herein, and if the person or circumstances to which this Ordinance or
any part hereof are inapplicable had been specifically exempted herefrom.

Sec. 16. And be it further ordained, That if the Bonds are not issued and sold
within six months from the date on which this Ordinance is approved by the
Mayor of the City, the authorization provided in this Ordinance for the City to
issue and sell the Bonds shall expire; provided, however, that the Board of
Finance may, after a showing of good cause at a public hearing held before the
Board of Finance, extend such authorization for one additional term not to ex-
ceed six months. The Board of Finance, in its sole discretion, shall determine the
sufficiency, or lack thereof, of the reasons presented for any requested extension
of this Ordinance. If an extension is granted, notice of such extension and the
reasons therefore must be sent to the City Council of the City.

Sec. 17. And be it further ordained. That this Ordinance shall take effect from
the date of its passage.

Approved June 4, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 79

(Council No. 271)

AN ORDINANCE concerning

CHANGE OF STREET NAME

FOR the purpose of changing the name of that portion of West Hoffman Street,
from North Eutaw Street to Dolphin Street, from West Hoffman Street to
29th Division Street.

BY authority of

Article II -General Powers

Section (34Kf)

Baltimore City Charter (1964 Revision, as amended)

Article VII -Executive Departments

Section 42(f)

Baltimore City Charter (1964 Revisions, as amended)

202 ORDINANCES Ord. No. 80

Article 27 -Surveys

Sections 18-22

Baltimore City Code (1983 Replacement Volume, as amended)

Section I. Be it ordained by the Mayor and City Council of Baltimore, That
the name of West Hoffman Street, between North Eutaw Street and Dolphin
Street, be and it is hereby changed and that that portion of West Hoffman Street
shall hereafter be known as 29th Division Street.

Sec. 2. And be it further ordained, That this ordinance shall take effect on the
6th day of June, 1984.

Approved June 4, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 80
(Council No. 166)

AN ORDINANCE concerning

URBAN RENEWAL -CANTON WATERFRONT- RENEWAL AREA
DESIGNATION AND URBAN RENEWAL PLAN

FOR the purpose of designating as a "Renewal Area" an area situate in
Baltimore City, Maryland known as the Canton Waterfront, bounded general-
ly by O'Donnell, Elliott, and Toone Streets on the north, Clinton Street on the
east, and the North West Branch of the Patapsco River on the south and west;
approving a Renewal Plan for the Canton Waterfront; authorizing the acquisi-
tion of certain properties by purchase or condemnation, for urban renewal
purposes; providing for the review by the Department of Housing and Com-
munity Development of all plans for new construction, exterior rehabilitation,
or change in use of properties within the Canton Waterfront; establishing pro-
cedures for the issuance and denial of demolition permits; providing that in
selling land in the Canton Waterfront area, the Department of Housing and
Community Development shall require that developers agree in writing not to
discriminate in the sale, lease, use or occupancy of the property developed by
them against any person because of national origin, race, religion, sex or color;
providing that the cleaning of masonry facades by means of sandblasting shall
not be permitted unless the Commissioner of the Department of Housing and
Community Development determines it to be the only feasible means of sur-
face cleaning; providing a penalty for violation of this standard; providing that
the approval of said Renewal Plan is not an enactment of such amendments to
the Zoning Ordinance as are proposed in said Renewal Plan; establishing per-
mitted land uses; creating disposition lots for residential, mixed, maritime
services, right-of-way, and public uses; recommending the closing of certain
streets and/or alleys; approving certain regulations, controls and restrictions
applicable to all land and property within the Canton Waterfront; waiving
such requirements, if any as to content or procedure for the preparation,

ORDINANCES 203

adoption and approval of Renewal Plans as set forth in Article 13 of the
Baltimore City Code (1983 Replacement Volume) which the Renewal Plan for the
Canton Waterfront may not meet; PROVIDING FOR COMMUNITY REVIEW
OF CONSTRUCTION PLANS, AND FOR COMMUNITY REVIEW OF ALL
PLAN AMENDMENTS; providing for the severability of the various parts and
application of this ordinance; providing that where the provisions of this
ordinance shall conflict with any other ordinance, code or regulation, the provi-
sion which establishes the higher standard shall prevail; and providing for the ef-
fective date hereof.

Whereas, the basic goal of the City of Baltimore for the Canton Waterfront
area is to eliminate blighting influences and protect the area from any future
blighting influences, to bring about general physical improvements in the area
through coordinated public and private improvements, to promote home owner-
ship opportunities, and to maximize public access to the waterfront; and

Whereas, in accordance with the provisions of Article 13 of the Baltimore City
Code (1983 Replacement Volume), the Canton Waterfront area has been found to
be in need of undertakings and activities for the elimination, the correction, or
the prevention of the development or the spread of slums, blight, or deteriora-
tion; and

Whereas, the Commissioner of the Department of Housing and Community
Development, after consultation with the Director of the Department of Plan-
ning, acting pursuant to powers vested by Section 23(a) of Article 13 of the
Baltimore City Code (1983 Replacement Volume), has heretofore determined
that the Canton Waterfront area, as hereinbelow more particularly described,
may be benefited through the exercise of those functions and powers of the City
of Baltimore which are vested in the Department of Housing and Community
Development by said Article 13, and has recommended to the City Council that
an ordinance be passed to designate the Canton Waterfront as a "Renewal Area";
and

Whereas, under Article 13 of the Baltimore City Code (1983 Replacement
Volume), the Department of Housing and Community Development is authorized
to prepare and administer renewal plans in renewal areas; and

Whereas, the Department of Housing and Community Development has
prepared a Renewal Plan for the Canton Waterfront, consisting of a cover page,
a table of contents, 9 pages of text, and four (4) exhibits; and

Whereas, the Renewal Plan for the Canton Waterfront was approved by the
Director of the Department of Planning with respect to its conformity as to the
Master Plan, the detailed location of any public improvements proposed in the
Renewal Plan, its conformity to the rules and regulations for subdivisions, and all
zoning changes proposed in the Renewal Plan; and the Renewal Plan was ap-
proved and recommended to the Mayor and City Council of Baltimore by the
Commissioner of the Department of Housing and Community Development;
now, therefore.

Section I.Beit ordained by the Mayor and City Council of Baltimore, That it
is hereby found and determined that the area known as the Canton Waterfront,
as hereinbelow more particularly described, may be benefitted through the exer-

204 ORDINANCES Ord. No. 80

cise of the functions and powers vested in the Department of Housing and Com-
nnunity Development:

Beginning for the same at the intersection of the north side of O'Donnell
Street and the northwestern side of Boston Street; thence binding on the
north side of O'Donnell Street crossing Lakewood Avenue to intersect an ex-
tended straight line of the east side of Lakewood Avenue; thence binding on
said extended line and the east side of Lakewood Avenue southerly to in-
tersect the south side of O'Donnell Street; thence binding on the south side of
O'Donnell Street easterly to intersect the east side of S. Kenwood Avenue;
thence binding on the east side of S. Kenwood Avenue southerly to intersect
the north side of the first 3 foot alley; thence binding on the north side of said 3
foot alley easterly to intersect the west side of S. Streeper Street; thence bind-
ing on the west side of S. Streeper Street southerly to intersect an extended
straight line of the south side of Price Alley; thence binding on said extended
straight line and the south side of Price Alley easterly to intersect the west
side of S. Linwood Avenue; thence binding on the west side of S. Linwood
Avenue southerly to intersect the north side of the first 10 foot alley; thence
binding on the north side of said 10 foot alley easterly to intersect the east side
of Curley Street; thence binding on the east side of Curley Street southerly to
intersect the north side of Elliott Street; thence binding on the north side of
Elliott Street easterly to intersect the east side of Potomac Street; thence
binding on the east side of Potomac Street southerly crossing Elliott Street
and continuing southerly to intersect the north side of the second 10 foot alley;
thence binding on the north side of said 10 foot alley easterly, crossing Decker
Street, and continuing to intersect the east side of S. Ellwood Avenue; thence
binding on the east side of S. Ellwood Avenue southerly to intersect the divi-
sion line between Lots 20, 27 and 19, Block 1898; thence binding on said divi-
sion line easterly to intersect the west side of Robinson Street; thence binding
on the west side of Robinson Street southerly to intersect the south side of
Toone Street; thence binding on the south side of Toone Street easterly cross-
ing East Avenue to intersect the west side of Clinton Street; thence binding on
the west side of Clinton Street southerly, crossing Boston Street, to intersect
the north side of a 40 foot street; thence binding on the north side of said 40
foot street westerly, southwesterly and then southerly to intersect the division
line between Lot 3, Block 1902-F and Lot 1/3, Block 1903, and continuing
westerly on an extended straight line 680 feet, more or less; thence running in
a southerly direction from said point on an extended straight line 300 feet,
more or less; thence running in a westerly direction from said point on an ex-
tended straight line 2,340 feet, more or less; thence running in a northerly
direction from said point on an extended straight line 1,340 feet, more or less;
thence running northerly 43°00'0"W 600 feet to intersect the southwestern
side of Boston Street and continuing on an extended straight line to intersect
the northeastern side of Boston Street; thence binding on the northeastern
side of Boston Street in a southeasterly direction to a point of beginning.

Sec. 2. And be it further ordained, That the Urban Renewal Plan, identified as
"Urban Renewal Plan, Canton Waterfront, dated March 1, 1984, AND RE-

ORDINANCES 205

VISED MAY 7, 1984" is hereby approved and the Clerk of the City Council is
hereby directed to file a copy of said Renewal Plan with the Department of
Legislative Reference as a permanent public record and to make the same
available for public inspection and information.

Sec. 3. And be it farther ordained, That it is necessary to acquire by purchase
or by condemnation, for urban renewal purposes, the fee simple interest or any
lesser interest in and to certain properties or portions thereof, together with all
right, title, interest, and estate that the owner or owners of said property in-
terests may have in all streets, alleys, ways or lanes, public or private, both abut-
ting the whole area described and/or contained within the perimeter of said area,
situate in Baltimore City, Maryland, and described as follows:

1100 Binney Street

1101 Binney Street

1102 Binney Street

1103 Binney Street

1104 Binney Street

1105 Binney Street

1106 Binney Street

1107 Binney Street

1108 Binney Street

1109 Binney Street

1110 Binney Street
nil Binney Street
1113 Binney Street
1115 Binney Street
1117 Binney Street
1119 Binney Street
1121 Binney Street
1123 Binney Street
1125 Binney Street
1127 Binney Street

2628-2630 Boston Street
2634 Boston Street
2638 Boston Street
2700-2702 Boston Street
2704 Boston Street
2706 Boston Street
2708-2712 Boston Street
2722 Boston Street
2724 Boston Street
2726 Boston Street
2800-2802 Boston Street
2804 Boston Street
2814 Boston Street
2818-2820 Boston Street
2834 Boston Street
2901-3001 Boston Street

206 ORDINANCES Ord. No. 80

3000-3028 Boston Street
3030 Boston Street
3032 Boston Street
3034 Boston Street
3036-3038 Boston Street
3040-3044 Boston Street
3046 Boston Street
3048 Boston Street

1404 S. Clinton Street

1201 S. Decker Street AVENUE

1202 S. Decker Street AVENUE

1203 S. Decker Street AVENUE

1204 S. Decker Street AVENUE

1205 S. Decker Street AVENUE

1206 S. Decker* Street AVENUE

1207 S. Decker Street AVENUE

1208 S. Decker Street AVENUE

1209 S. Decker Street AVENUE

1210 S. Decker Street AVENUE

1211 S. Decker Street AVENUE

1212 S. Decker Street AVENUE

1213 S. Decker Street AVENUE

1214 S. Decker Street AVENUE

1215 S. Decker Street AVENUE

1216 S. Decker Street AVENUE

1217 S. Decker Street AVENUE

1218 S. Decker Street AVENUE

1219 S. Decker Street AVENUE

1220 S. Decker Street AVENUE

1221 S. Decker Street AVENUE

1222 S. Decker Street AVENUE

1223 S. Decker Street AVENUE

1224 S. Decker Street AVENUE

1225 S. Decker Street AVENUE

1226 S. Decker Street AVENUE

1227 S. Decker Street AVENUE

1228 S. Decker Street AVENUE

1229 S. Decker Street AVENUE

1230 S. Decker Street AVENUE

1231 S. Decker Street AVENUE

1232 S. Decker Street AVENUE

1233 S. Decker Street AVENUE

1234 S. Decker Street AVENUE

1235 S. Decker Str ee t AVENUE

1236 S. Decker Street AVENUE

1237 S. Decker Street AVENUE

1238 S. Decker Street AVENUE

1239 S. Decker Street AVENUE

1240 S. Decker Street AVENUE

ORDINANCES

207

1241 S.

1242 S.

1243 S.

1244 S.
1245
1246
1247
1248
1249
1251
1253

2700 S.

EUi

2702 S.

Elli

2704 S.

Elli

2706 S.

Elli

2708 S.

Elli

2710 S.

Elli

2712 S.

Elli

2713 S.

Elli

2714 S.

Elli

2715 S.

Elli

2716 S.

Elli

2718 S.

Elli

2720 S.

Elli

2722 S.

Elli

2724 S.

Elli

2800 S.

Elli

2801 S.

Elli

2802 S.

Elli

2803 S.

Elli

2804 S.

Elli

2805 S.

Elli

2806 S.

Elli

2807 S.

Elli(

2808 S.

Elli(

2809 S.

Elli

2810 S.

Elli(

2811 S.

Elli(

2812 S.

Ellic

2813 S.

Elli(

2814 S.

Elli(

2815 S.

Elli(

2816 S.

Elli(

2818 S.

Elli(

2820 S.

Elli(

2822 S.

Elli(

2823 S.

Elli(

2824 S.

Ellic

2825 S.

Elli(

Decker
Decker
Decker
Decker
Decker
Decker
Decker
Decker
Decker
Decker
Decker

btrcet
otrcet
btrcct
otrect
oirccL
Direct
btreet
btrect
btreet

4. i.

OLrecL
btreet

Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street
Street

AVENUE
AVENUE
AVENUE
AVENUE
AVENUE
AVENUE
AVENUE
AVENUE
AVENUE
AVENUE
AVENUE

ORDINANCES

2826 S.

Elliott Street

2827 S.

Elliott Street

2828 S.

Elliott Street

2829 S.

Elliott Street

2830 S.

Elliott Street

2831 S.

Elliott Street

2832 S.

Elliott Street

2833 S.

Elliott Street

2834 S.

Elliott Street

2836 S.

Elliott Street

2838-2840 S. Elliott Street

2900 S.

Elliott Street

2901 S.

Elliott Street

2902 S.

Elliott Street

2904 S.

Elliott Street

2906 S.

Elliott Street

2908 S.

Elliott Street

2910 S.

Elliott Street

2912 S.

Elliott Street

2914 S.

Elliott Street

2916 S.

Elliott Street

2918 S.

Elliott Street

Ord. No. 80

1200 S. Ellwood Avenue

1202 S. Ellwood Avenue

1204 S. Ellwood Avenue

1206 S. Ellwood Avenue

1208 S. Ellwood Avenue

1210 S. Ellwood Avenue

1212 S. Ellwood Avenue

1214 S. Ellwood Avenue

1216 S. Ellwood Avenue

1218 S. Ellwood Avenue

1220 S. Ellwood Avenue

1222 S. Ellwood Avenue

1224 S. Ellwood Avenue

1225-1301 Ellwood Avenue (approximately 50 feet, facing Boston Street)

1226 S. Ellwood Avenue

1228 S. Ellwood Avenue

1230 S. Ellwood Avenue

1232 S. Ellwood Avenue

1234 S. Ellwood Avenue

1236 S. Ellwood Avenue

1238 S. Ellwood Avenue

1240 S. Ellwood Avenue

1242 S. Ellwood Avenue

1244 S. Ellwood Avenue

1246 S. Ellwood Avenue

1248 S. Ellwood Avenue

1250 S. Ellwood Avenue

ORDINANCES 209

1100 S. Kenwood Avenue

1101 S. Kenwood Avenue

1102 S. Kenwood Avenue

1103 S. Kenwood Avenue

1104 S. Kenwood Avenue

1105 S. Kenwood Avenue

1106 S. Kenwood Avenue

1107 S. Kenwood Avenue

1108 S. Kenwood Avenue

1109 S. Kenwood Avenue
illO S. Kenwood Avenue

1111 S. Kenwood Avenue
1112-1114 S. Kenwood Avenue
1113 S. Kenwood Avenue

1115 S. Kenwood Avenue

1116 S. Kenwood Avenue

1117 S. Kenwood Avenue

1118 S. Kenwood Avenue

1120 S. Kenwood Avenue
1122 S. Kenwood Avenue
1201 S. Kenwood Avenue
1203 S. Kenwood Avenue
1205 S. Kenwood Avenue
1207 S. Kenwood Avenue

1100 S. Lakewood Avenue
1102 S. Lakewood Avenue
1104 S. Lakewood Avenue
1106 S. Lakewood Avenue
1108-1110 S. Lakewood Avenue

1112 S. Lakewood Avenue

1119 S. Lakewood Avenue

1121 S. Lakewood Avenue

1122 6 . Lak e wood Av e nu e

1123 S. Lakewood Avenue
1125 S. Lakewood Avenue
1127 S. Lakewood Avenue

1100 S. Linwood Avenue
1102 S. Linwood Avenue
1104 S. Linwood Avenue
1106 S. Linwood Avenue
1108 S. Linwood Avenue

1110 S. Linwood Avenue
1200-1206 S. Linwood Avenue

2719 O'Donnell Street

1100 Streeper Street
1101-1107 Streeper Street

210 ORDINANCES Ord. No. 80

1102 Streeper Street
1104 Streeper Street
1106 Streeper Street

1108 Streeper Street

1109 Streeper Street

1110 Streeper Street
nil Streeper Street
1112 Streeper Street
1114 Streeper Street
1200 Streeper Street

3201 - 3205 Toon e Str ee t

Ward 1, S e ction 1 SECTION 9, Block 1888, Lot 1
Ward 1, Section 9, Block ^t9Sb 1895, Lot 33
Ward i€ 26, Section 2, Block 1900, Lot 1

Sec. 4. And be it further ordained, That the Real Estate Acquisition Division of
the Department of the Comptroller, or such person or persons and in such man-
ner as the Board of Estimates, in the exercise of the power vested in it by Article
V, Section 5, of the Baltimore City Charter, may hereafter from time to time
designate, is or are authorized to acquire for and on behalf of the Mayor and City
Council of Baltimore and for the purposes described in this ordinance, the fee
simple interest or any lesser interest in and to the properties or portions thereof
hereinabove mentioned. If the Real Estate Acquisition Division of the Depart-
ment of the Comptroller, or such person or persons and in such manner as the
Board of Estimates, in the exercise of the power vested in it by Article V, Section
5, of the Baltimore City Charter, may hereafter from time to time designate, is
or are unable to agree with the owner or owners on the purchase price of said
properties or portions thereof, it or they shall forthwith notify the City Solicitor
of Baltimore City, who shall thereupon institute in the name of the Mayor and
City Council of Baltimore the necessary legal proceedings to acquire by condem-
nation the fee simple interest or any lesser interest in and to said properties or
portions thereof.

Sec. 5. And be it further ordained, That all plans for new construction (in-
cluding parking lots), exterior rehabilitation, or change in use on any property
not to be acquired under the provisions of the Urban Renewal Plan shall be sub-
mitted to the Department of Housing and Community Development for review.
Only upon finding that the proposed plans are consistent with the objectives of
the Urban Renewal Plan shall the Commissioner of the Department of Housing
and Community Development authorize the processing of the plans for issuance
of a building permit. The provisions of this section are in addition to and not in
lieu of all other applicable laws and ordinances relating to new construction.

Sec. 6. And be it further ordained, That all applications for demolition permits
shall be submitted to the Department of Housing and Comm.unity Development
for review and approval. Upon finding that the proposed demolition is consistent
with the objectives of the Urban Renewal Plan, the Commissioner of the Depart-
ment of Housing and Community Development shall authorize the issuance of
the necessary permit. If the Comrrtissioner finds that the proposal is inconsistent
with the objectives of the Urban Renewal Plan and therefore denies the issuance

ORDINANCES 211

of the permit, he shall, within 90 days of such denial, seek approval of the Board
of Estimates to acquire for and on behalf of the Mayor and City Council of
Baltimore the property, in whole or in part, on which said demolition was to have
occurred by purchase, lease, condemnation gift or other legal means for the
renovation, rehabilitation and disposition thereof. In the event that the Board of
Estimates does not authorize the acquisition, the Commissioner shall, without
delay, issue the demolition permit.

Sec. 7. Ayid be it further ordained, That in selling or otherwise disposing of
property in the Canton Waterfront Renewal Area, the Department of Housing
and Community' Development shall require that developers agree in writing not
to discriminate in the sale, lease, use or occupancy of the property developed by
them against any person upon the basis of race, religion, color, sex or national
origin.

Sec. S.And be it further ordained, That the following standard shall be applied
to all properties within the Canton Waterfront Renewal Area:

Cleaning of masonry facades by means of sandblasting shall not be permitted,
except where sandblasting is determined by the Commissioner of the Depart-
ment of Housing and Community Development to be the only feasible means of
surface cleaning of masonry and, where in his opinion, it will not cause damage to
historic building materials.

Sec. 9. Arid be it further ordained, That any person violating the provision con-
tained in Section 8 of this ordinance shall be subject to a fine not exceeding One
Hundred Dollars ($100.00) and that each day's violation shall constitute a
separate offense.

Sec. 10. And be it further ordained. That the approval of the Renewal Plan for
the Canton Waterfront area shall not be construed as an enactment of such
amendments to the Zoning Ordinance as are proposed in the Renewal Plan on
Exhibit 4, Zoning Districts, dated 3/1/84.

Sec. 11. And be it further ordained, That only those land uses contained in Sec-
tion B.l of the Urban Renewal Plan and shown on the Land Use Plan, Exhibit 1,
dated 3/1/84, shall be permitted within the Canton Waterfront area.

Sec. 12. And be it further ordained. That the disposition lots created for
residential, mixed, maritime services, right-of-way, and public uses, and the
streets and/or alleys which are recommended to be closed, as shown on the Land
Disposition Map, Exhibit 3, dated 3/1/84, are hereby approved.

SEC. 13. AND BE IT FURTHER ORDAINED, THAT THE TABLE OF
CONTENTS OF THE RENEWAL PLAN BE AMENDED TO INCLUDE THE
FOLLOWING:

NON-RESIDENTIAL HEIGHT RESTRICTION B.1.G.4;

COMMUNITY REVIEW C.4.C.8;

AND

SUBMITTAL OF CHANGES TO THE COMMUNITY E.1.8.

212 ORDINANCES Ord. No. 80

SEC. 14. AND BE IT FURTHER ORDAINED, THAT A NEW SECTION
B.l.G. BE ADDED TO THE RENEWAL PLAN TO READ AS FOLLOWS:

G. NONRESIDENTIAL HEIGHT RESTRICTION.

ALL NON-RESIDENTIALLY DESIGNATED AREAS ON THE LAND USE
PLAN MAP, SHALL NOT EXCEED A MAXIMUM BUILDING HEIGHT OF
35 FEET. HOWEVER, THIS HEIGHT RESTRICTION MAY BE WAIVED
BY THE COMMISSIONER OF HOUSING AND COMMUNITY DEVELOP-
MENT, IF DEEMED APPROPRIATE, AFTER REVIEW OF SUCH DEVEL-
OPMENT BY THE COMMUNITY PURSUANT TO SECTION C.4.C. OF THIS
URBAN RENEWAL PLAN.

SEC. 15. AND BE IT FURTHER ORDAINED, THAT SECTION B.2.A.
(4XC)I. OF THE RENEWAL PLAN BE AMENDED TO READ AS FOLLOWS:

I. DISPOSITION LOT 7 SHALL BE LIMITED TO CONVALESCENT,
NURSING, OR REST HOME, AND/OR SINGLE FAMILY HOUSING.

SEC. 16. AND BE IT FURTHER ORDAINED, THAT A NEW SECTION
C.4.C. BE ADDED TO THE RENEWAL PLAN TO READ AS FOLLOWS:

C. COMMUNITY REVIEW

THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
SHALL SUBMIT TO THE COMMUNITY FOR ITS REVIEW AND COM-
MENT THE FORM AND CONTENT OF ALL THE PRELIMINARY AND
PROPOSED FINAL CONSTRUCTION PLANS FOR EACH DISPOSITION
LOT DESIGNATED IN THIS PLAN: AFTER THE PROPOSALS OR PLANS
HAVE BEEN SUBMITTED TO THE COMMUNITY THE DEPARTMENT
SHALL REQUEST THAT WRITTEN COMMENTS BE TRANSMITTED TO
IT WITHIN TWO WEEKS. THE COMMISSIONER RETAINS THE FINAL
AUTHORITY TO APPROVE OR DISAPPROVE ALL PLANS AND TO
GRANT OR WITHHOLD DEVELOPMENT PRIORITIES, DISPOSING OF
REDEVELOPMENT LAND THROUGH PROCEDURES ESTABLISHED BY
THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT.

SEC. 17. AND BE IT FURTHER ORDAINED, THAT SECTION D OF THE
RENEWAL PLAN BE AMENDED TO READ AS FOLLOWS:

D. DURATION OF PROVISIONS AND REQUIREMENTS

THE CANTON WATERFRONT RENEWAL PLAN, AS IT MAY BE
AMENDED FROM TIME TO TIME, SHALL REMAIN IN FULL FORCE
AND EFFECT FOR A PERIOD OF FORTY (40) YEARS FROM THE DATE
OF APPROVAL OF THIS PLAN BY ORDINANCE OF THE MAYOR AND
CITY COUNCIL OF BALTIMORE.

SEC. 18. AND BE IT FURTHER ORDAINED, THAT A NEW SECTION
E.l. BE ADDED TO THE RENEWAL PLAN TO READ AS FOLLOWS:

ORDINANCES 213

1. SUBMITTAL OF CHANGES TO THE COMMUNITY

THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
SHALL SUBMIT TO THE COMMUNITY FOR ITS REVIEW AND COM-
MENT. ALL PROPOSED AMENDMENTS TO THE URBAN RENEWAL
PLAN NO LATER THAN THE TIME THE PROPOSED AMENDMENTS
ARE SUBMITTED TO THE DIRECTOR OF THE DEPARTMENT OF PLAN-
NING BY THE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT. THE DEPARTMENT SHALL REQUEST THAT WRIT-
TEN COMMENTS AND RECOMMENDATIONS BE TRANSMITTED TO IT
NO LATER THAN THREE (3) WEEKS AFTER THEY HAVE BEEN SUB-
MITTED TO THE COMMMUNITY.

Sec. i3 19. And be it further ordained, That the regulations, controls, and
restrictions applicable to all land and property, as contained in Section B.2. of the
Urban Renewal Plan AS REVISED MAY 7, 1984, are hereby approved.

Sec. i4 20. And be it further ordained, That in whatever respect, if any, the
said Renewal Plan approved hereby may not meet the requirements as to the
content of a renewal plan or the procedures for the preparation, adoption, and
approval of renewal plans, as provided in Article 13 of the Baltimore City Code
(1983 Replacement Volume), the said requirements are hereby waived and the
Renewal Plan approved hereby is exempted therefrom.

Sec. i5 21. And be it further ordained, That in the event it be judicially deter-
mined that any word, phrase, clause, sentence, paragraph, section or part in or of
this ordinance or the application thereof to any person or circumstances is in-
valid, the remaining provisions and the application of such provisions to other
persons or circumstances shall not be affected thereby, the Mayor and City
Council hereby declaring that they would have ordained the remaining provisions
of this ordinance without the word, phrase, clause, sentence, paragraph, section
or part or the application thereof so held invalid.

Sec. i€ 22. And be it further ordained, That in any case where a provision of
this ordinance concerns the same subject matter as an existing provision of any
zoning, building, electrical, plumbing, health, fire or safety ordinance or code or
regulation, the applicable provisions concerned shall be construed so as to give
effect to each; provided, however, that if such provisions are found to be in ir-
reconcilable conflict, the provision which establishes the higher standard for the
promotion of the public health and safety shall prevail. In any case where a provi-
sion of this ordinance is found to be in conflict with an existing provision of any
other ordinance or code or regulation in force in the City of Baltimore which
establishes a lower standard for the promotion and protection of the public
health and safety, the provision of this ordinance shall prevail, and the other ex-
isting provision of such other ordinance or code or regulation is hereby repealed
to the extent that it may be found in conflict with this ordinance.

214 ORDINANCES Ord. No. 81

Sec. ¥f 23. And be it further ordained, That this ordinance shall take effect
from the date of its passage.

Approved June 5, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 81
(Council No. 172)
AN ORDINANCE concerning

CITY PROPERTY -A PARCEL OF LAND FOR THE MIDDLE BRANCH
WETLANDS MITIGATION PROJECT

FOR the purpose of authorizing the acquisition by purchase or condemnation by
the Mayor and City Council of Baltimore of the fee simple interests or such
other interests as the Director of The Departm.ent of Public Works may deem
necessary or sufficient, in and to certain pieces or parcels of land situate in
Baltimore City, for a parcel of land needed for the Middle Branch Wetlands
Mitigation Project located in the vicinity of Eutaw Street and Oler Street; the
location and course of said parcel of land being shown on a plat thereof
numbered 344-A-8 prepared by the Surveys and Records Division and filed in
the Office of the Director of the Department of Public Works on the Twenty-
ninth (29th) day of February, 1984.

BY authority of

Article I -General Provisions

Section -4

Article II -General Provisions

Section -2

Baltimore City Charter (1964 Revision, as amended).

Section I.Beit ordained by the Mayor and City Council of Baltimore, That it
is necessary to acquire by purchase or by condemnation the parcel of land needed
for the Middle Branch Wetlands Mitigation Project, the fee simple interest or
such other interests as the Director of the Department of Public Works may
deem necessary or sufficient in and to all of that piece or parcel of land, with im-
provements thereon, situate in Baltimore City, State of Maryland, and described
as follows:

Beginning for the same at the point formed by the intersection of the Middle
Branch of the Patapsco River at mean high tide, having an elevation of 1.5 feet
and a line having a bearing of South 22°-15'-20" West projected southwesterly,
from a point having a coordinate value of W262 1.381 and S9029.116 and based
on the true meridian as adopted by the Baltimore Survey Control System and
running thence binding reversely on said line so projected through said point
and continuing to bind on said line projected northeasterly, and for a new line
of division through the property now or formerly owned by The Real Estate

ORDINANCES 215

and Improvement Company, and in all, North 22°-15'-20" East 773 feet, more
or less, to intersect said Middle Branch of the Patapsco River at mean high
tide and thence binding on said Middle Branch of the Patapsco River at mean
high tide in a generally Southeasterly and Southwesterly direction 1038 feet,
more or less, to the place of beginning.

Including all right, title and interest in and to the riparian rights.

Including a temporary construction easement as shown on the hereinafter
mentioned plat.

The course and elevation in the above description are referred to the true me-
ridian and mean low tide as adopted by the Baltimore Survey Control System.

Together with all right, title, interest and estate that the owner or owners of
said property interests may have in all streets, alleys, ways or lanes, public or
private, both abutting the whole area described and/or contained within the
perimeter of said area.

The location and course of said parcel of land and temporary construction ease-
ment needed for the Middle Branch Wetlands Mitigation Project being shown on
a plat thereof numbered 344-A-8 prepared by the Surveys and Records Division
and filed in the Office of the Director of the Department of Public Works on the
Twenty-ninth (29th) day of February, 1984.

Sec. 2. Be it further ordained, That the Department of Real Estate of
Baltimore City, or such other person or agency as the Board of Estimates may
hereafter from time to time designate, is hereby authorized to negotiate and ac-
quire on behalf of the Mayor and City Council of Baltimore, and for the purposes
described in this ordinance, the fee simple interest or such other interests as may
be deemed necessary or sufficient in and to said piece or parcel of land, with the
improvements thereon. If the said Department of Real Estate or the person or
agency otherwise provided for by the Board of Estimates under the authority of
Section 5(a) Article V of the Baltimore City Charter (1964) Revision, as amended
to June 30, 1981 and any and all amendments thereto is or are unable to agree
with the owner or owners on the purchase price for said parcel of land and the im-
provements thereon, it or they shall forthwith notify the City Solicitor of
Baltimore City, who shall thereupon institute in the name of the Mayor and City
Council of Baltimore the necessary legal proceedings to acquire by condemnation
the fee simple interests or such other interests as may be deemed necessary or
sufficient in and to said piece or parcel of land, with the improvements thereon,
herein described.

Sec. 3. And be it further ordained, That the proceedings for the acquisition by
condemnation of the property and rights herein described and the rights of all
parties interested or affected thereby shall be regulated by and be in accordance
with the provisions of The Real Property Article of the Annotated Code of
Maryland (1974), Title 12; Section 101 Et Seq. and any and all amendments
thereto.

216 ORDINANCES Ord. No. 82

Sec. 4. And be it further ordained, That this ordinance shall take effect from
the date of its passage.

Approved June 5, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 82
(Council No. 184)
AN ORDINANCE concerning

CITY PROPERTY -SALE

FOR the purpose of authorizing the Mayor and City Council of Baltimore to sell
either at public or private sale all the interest of the Mayor and City Council of
Baltimore in 0.8213 Acres of Land more or less on the northwest side of
Pulaski Highway (Block 6172, Portion of Lot l)-5300 Pulaski Highway.

BY authority of

Article V- Comptroller

Section 5(b)

Baltimore City Charter (1964 Revision as amended)

Section \. Be it ordained by the Mayor and City Council of Baltimore, That
the Comptroller of Baltimore City be and he is hereby authorized to sell at either
public or private sale in accordance with Article V Section 5(b) of the City
Charter, all of the interest of the Mayor and City Council of Baltimore in and to
certain parcels of land situate in Baltimore, Maryland, and described as follows:

PARCEL NO. 1

BEGINNING for the same at a point on the northwest side of Pulaski
Highway and at the beginning of the firstly described parcel of land in the
Deed from Inland Steel Products Company to the Mayor and City Council of
Baltimore, dated January 3, 1964, and recorded among the Land Records of
Baltimore City in Liber J.F.C. 1624, page 417; thence running from said point
of beginning and binding along the Northwest side of Pulaski Highway the
following two courses and distances: 1) South 65 degrees 58 minutes 00
seconds West 196.13 feet and 2) by a curve to the right having a radius of
536.07 feet for an arc length of 3.78 feet and a chord of South 66 degrees 10
minutes 07 seconds West 3.78 feet to a point at the end of the second or South

54 degrees 46 minutes East 206.8 foot line of the parcel excepted in the
beforementioned Deed; thence leaving Pulaski Highway and binding reversely
along a part of said second line, as now surveyed, North 54 degrees 47 minutes

55 seconds West 166.70 feet to a point in line with an existing fence; thence
leaving the outlines and running for a new line of division, binding in part
along said fence, North 65 degrees 32 minutes 15 seconds East 295.22 feet to
intersect the first or North 20 degrees 08 minutes West 1014.75 foot line of

ORDINANCES 217

the beforementioned Deed; thence binding reversely along a part of said line,
as now surveyed, South 20 degrees 05 minutes 30 seconds East 145.81 feet to
the point of beginning; containing 0.8213 acres more or less.

Said property being no longer needed for public use.

Sec. 2. Be it further ordained, That no deed or deeds shall pass in accordance
herewith until the same shall have been first approved by the City Solicitor.

Sec. 3. And be it further ordained, That this ordinance shall take effect from
the date of its passage.

Approved June 5, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 83
(Council No. 210)

AN ORDINANCE concerning

ZONING -APPROVAL FOR CONDITIONAL USE
PARKING LOT

FOR the purpose of granting permission for the establishment, maintenance and
operation of an open off-street parking area on the property located on the
southeast side of S tarr e tt STERRETT Street between Carroll Street and
Barre Street as outlined in red on the plats accompanying this ordinance.

BY authority of
Article 30 -Zoning
Sections 4.9-ld and 11.0-6d
Baltimore City Code (1983 Replacement Volume, as amended)

Section I. Be it ordained by the Mayor and City Council ofBaltunore, That
permission is hereby granted for the establishment, maintenance and operation
of an open off-street parking area on the property located on the southeast side
of S tarr e tt STERRETT Street between Carroll Street and Barre Street, as
outlined in red on the plats accompanying this ordinance, under the provisions of
Sections 4.9-ld and 11.0-6d of Article 30 of the Baltimore City Code (1983
Replacement Volume, as amended) titled "Zoning".

Sec. 2. And be it further ordained, That upon passage of this ordinance by the
City Council, as evidence of the authenticity of the plat which is a part hereof and
in order to give notice to the departments which are administering the Zoning
Ordinance, the President of the City Council shall sign the plat and when the
Mayor approves the ordinance, he shall sign the plat. The Director of Finance
shall then transmit a copy of the ordinance and one of the plats to the following:
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com-

218 ORDINANCES Ord. No. 84

missioner of the Department of Housing and Community Development, the
Supervisor of Assessments for Baltimore City and the Zoning Administrator.

Sec. 3. And be it further ordained, That this ordinance shall take effect thirty
days from the date of its passage.

Approved June 5, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 84
(Council No. 222)

AN ORDINANCE concerning

STORMWATER MANAGEMENT

FOR the purpose of requiring a stormwater management plan prior to
development of certain land in the City of Baltimore; requiring review and ap-
proval of stormwater management plans; establishing stormwater manage-
ment criteria, and measures; requiring an additional permit fee and perform-
ance bond to be paid prior to construction of certain building projects; pro-
viding for suspension and revocation of permits for certain reasons; requiring
a recorded maintenance agreement with current and future property owners;
requiring certain inspection reports; and relating generally to the control of
stormwater runoff and providing criminal penalties.

BY adding to

Article 26 - Streets and Highways

Sections 117 through 137 to be under the new subtitle "Stormwater Manage-
ment"
Baltimore City Code (1983 Replacement Volume)

Whereas, byr Natural Resources Article, Subsection 8-11A-02, Annotated
Code of Maryland (1983 Replacement Volume , 1983 S uppl e m e nt ) legislation was
enacted requiring each county and muncipality to implement a stormwater
management program and;

Whereas, byr Natural Resources Article, Subsection 8 - 11A - 02 8-11A-03, An-
notated Code of Maryland (1983 Replacement Volume , 1983 S upplement ) re-
quired the Department of Natural Resources to adopt rules and regulations
which establish criteria and procedures for stormwater management in
Maryland and;

Whereas, the Secretary of Natural Resources on July 18, 1983 adopted rules
and regulations establishing criteria and procedures for stormwater manage-
ment CONTAINED IN TITLE 8 COMAR, SECTION 08.05.05, ET SEQ. and;

Whereas, the Mayor and City Council of Baltimore concurs with the intent of
the State legislation concerning stormwater management and;

ORDINANCES 219

Whereas, the Mayor and City Council of Baltimore at^ IS concerned with pro-
tecting; the public safety, health, and general welfare from the adverse impact of
increased stormwater runoff; now therefore,

Section I. Be it ordained by the Mayor and City Council of Baltimore, That
sections of the Baltimore City Code (1983 Replacement Volume) be added,
repealed or amended to read as follows:

Article 26 - Streets and Highways

"Stormwater Management*^

117 Applicability. No person shall develop any land unthin the corporate
limits of the City of Baltimore without having provided for appropriate storm-
water-, management measures that control or manage runoff from such develop-
ment. The appropriate stormwater management measures shall be contained in a
stormwater management plan.

118 Definitions. The following terms and phrases.and their derivations which
are used throughout this subtitle shall have the meanings given herein. The word
"shall" is mandatory and the word "may" is permissive. Wordis not defined
herein shall be as defined in Webster's Unabridged Dictionary.

(1) "Adverse impact" means any deleterious effect on waters or wetlands, in-
cluding their quxdity, quantity, surface area, special composition, aesthetic
AESTHETICS or usefulness for human or natural uses which are IS or may po-
tentially be harmful or injurious to human health, ujelfare, safety or property, to
biological productivity, diversity, or stability, or which unreasonably inteifefe IN-
TERFERES with the enjoyment of life or property, including outdoor recreation.

(2) "Applicant" means any person , firm or gov e rnmental agemy who executes
the necessary forms to procure ojficial approval of a project or a permit to carry
out construction of a project.

(3) "Aquifer" means a porous water-bearing geologic formation generally
restricted to materials capable of yielding an appreciable supply of water.

(Jf) "Cleairing" means the removal of trees and brush from the land, but shall not
include the ordinary mowing of grass.

(5) "Detention structure" means a permanent structure for the temporary
storage of runoff which is designed so as not to create a permanent pool of water.

(6) "Develop land" means to change the runoff characteristics of a parcel of land
in conjunction with residential, commercial, industrial, or institutional con-
struction or alteration.

(7) "Drainage area" means that area contributing runoff to a single point
measured in a horizontal plane, which is enclosed by a ridge line.

(8) "Easement" means a grant or reservation by the owner of land for the use of
sueh land by others for a specific purpose or purposes, and which must b e in -
e luded in the c onveyanc e vf WILL BE RECORDED AND WILL ENCUMBER
TITLE TO THE land affected by such easement.

220 ORDINANCES Ord. No. 84

(9) "Exemption" means those land development activities that are not sviject to
the stormwater manxigement requirements contained in this subtitle.

(10) "Flow attenuation" means prolonging thejlow time of runoff to reduce the
peak discharge.

(11) "Grading" means, WITHOUT LIMITATION, any act by which soil is
cleared, stripped, stockpiled, excavated, scarified, filled or any combination
thereof

(12) "Infiltration" means the passage or rrvovement of water into the soil surface.

(13) "Off site stormwater management" m£ans the design and construction of a
fcuyility necessary to control stormwater from more than one developinent.

(H) "On-site stormwater management" means the design and construction of
systems FACILITIES necessary to control stormwater within an immediate
development.

(15) "Porous paving" means an open graded asphaltic or reticular concrete or
other material which allows water to pass through it.

(16) "PERSON" MEANS ANY PERSON, FIRM, PARTNERSHIP, ASSOCIA-
TION, CORPORATION, COMPANY, ORGANIZATION OR OTHER ENTITY.

(i€) (17) "Retention structure" means a permanent structure that provides for
the storage of runoff by means of a permanent pool of water.

(18) "RUNOFF" MEANS THE PORTION OF PRECIPITATION ON THE
LAND THAT ULTIMATELY REACHES STREAMS.

(ff) (19) "Sediment" means soil or other surficial nmtJrials transported or
deposited by the action of wind, water, ice, or gravity as a product of erosion.

(fS) (20) "Site" means any tract, lot or parcel of land or combination of tracts,
lots, or parcels of land which are in one ownership, or are contiguous and in
diverse ownership where development is to be performed as part of a unit, sub-
division, or project.

(i9) (21) "Stabilization" means the prevention of soil movement by any of
various vegetative and/or structural means.

(20) (22) "Stormwater management" means:

(a) for quantitative control, a system of vegetative and structu r al STRUC-
TURAL, AND OTHER measures that control the increased volume and rate of
surface runoff caused by man-made changes to the land; and

(b) for qualitative control, a system of vegetative, structural, and other
measures that reduce or eliminate pollutants that might otherwise be carried by
surface runoff

(2i) (23) "Stormwater Management Plan" means a set of drawings or other
documents submitted by a person as a prerequisite to obtaining a stormwater
management approval, which contain all of the information and specifications
pertaining to stormwater management FOR A PARTICULAR DEVELOP-
MENT

ORDINANCES 221

(^ (2Jt) "Stripping" means any activity which removes the vegetative surface
covering iMludi i tg , INCLUDING WITHOUT LIMITATION tree removal, clear-
ing, grubbing, and storage or removal of topsoil.

(2S) (25) "Variance" means the modification of the minimum stormwater
management requirements for specific circumstances such that strict adherence
of TO the requirements would result in unnecessary hardship and not fulfill the
intent of ike THIS Subtitle SUBTITLE.

(^ (26) "Waiver" means the relinquishment EXCEPTION from stormwater
mxinagement requirements by the Department of Public Works for a specific
development on a case by case review basis.

(25) (27) "Watercourse" means any natural or artificial stream, river, creek,
ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash,
in and including any area adjacent thereto which is subject to inundation by
reason of overflow of flood water.

(26) (28) "Watershed" means the total drainage area contributing runoff to a
single point.

(2f) (29) "Wetlands" means an area that has saturated soils or periodic high
groundwater levels and vegetation adapted to wet conditions and periodic
flooding.

119 Stormwater Management Plans. The applicant shall:

(1) Be responsible for submitting a stormwater management plan which meets
the design requirements provided by this subtitle and the detailed requirements of
the Department of Public Works' Stormwater Management Design Manual. The
plan shall contain supporting computations, drawings, and sufficient informa-
tion to evaluate the environmental characteristics of the affected areas, the poten-
tial impacts of the proposed development on water resources, and the effectiveness
and acceptability of measures for managing stormwater runoff. This informa-
tion shall also be sufficient to ei^aluate the effects that the stormwater manage-
ment measures may have on the environmental characteristics of the affected
areas. The applicant or builders BUILDER shall certify on the drawings that all
clearing, grading, drainage, construction, and development shall be accomp-
lished in strict accordance with the approved plan; and

(2) Submit the stormwater management plan including all documentation, to
the Department of Public Works for review and approval. The Department of
Public Works shall review the plan to determine compliance with the re-
quirements of this subtitle and the Department of Public Works' Stormwater
Management Design Manual prior to approval. The approved plan shall serve as
the basis for all subsequent construction requiring stormwater management; and

(3) Receive notification from the Department of Public Works within 30 days
after submission of a completed stormwater management plan concerning plan
approval or reasons for disapproval or the need for plan modification^; OR IF
a decision cannot be made by the Department of Public Works within 30 days, the
applicant shall be informed of the status of the review process and the anticipated
completion date. The stormwater management plan shall not be considered ap-

222 ORDINANCES Ord. No. 84

proved without the incliLsion of the signature and the date of signature of the
Director of Public Works, or designee, on this plan.

120 Stormwater Manxigement Criteria. The minimum stormwater control re-
quirements shall:

(1) Require that all developments provide management measures necessary to
maintain the post-development peak discharges for a 24-hour, 2- and 10-year fre-
quency storm event at a level that is equal to or less than the respective, 2Jt-hour,
2-and 10-year predevelopment peak discharge rate, through stormwater mxinage-
ment p i- actice PRACTICES that control the volume, timing, and rate of flaws;
and

(2) Require no increase in the downstream peak discharge for the 100-year fre-
quency storm event in watersheds designated as interjurisdictional flood hazard
watersheds. The Jov£s Falls and the Gwynns Falls have been designated as inter-
jurisdictional flood hazard watersheds; and

(3) Require that where runoff is discharged into an off-site stormwater manage-
ment facility, the control requirements and procedures shall be in accordance
with the detailed requirements of the Department of Public Works' Stormwater
Management Design Manual; and

(If) Be altered by the Department of Public Works subject to the Water Resources
Administration approval if the Department of Public Works has conducted com-
prehensive watershed studies which demxmstrate that alternate requirements
may better control flood damage, mitigate accelerated stream erosion and
sedimentation, and improve water quality; and

(5) Require that stormwater management plans be consistent with adopted and
approved watershed management plans or flood mxinagement plans as approved
by the Water Resources Administration in accordance with the Flood Hazard
Management Act of 1976 (Section 8-9A-01 et seq.. Natural Resources Article,
ANNOTATED CODE OF MARYLAND (1983 REPLACEMENT VOLUME)).

121 Stormwater Management Measures. Stormwater TYianagement measures
shall be required to satisfy the minimum control requirements. The stormwater
management measures to be utilized in developing a stormwater management
plan shall be according to the following order of preference:

(1) Infiltration of runoff on-site:

(2) Flow attenuation by use of open vegetated swales and natural depressions;

(3) Stormwater retention structures; and
(Jf) Stormwater detention structures.

122 Stormwater Management Measures Sequence. Infiltration measures shall
be u^ed to reduce volume increases to the e xtent possible as determined in accord-
ance urith the Department of Public Works' Stormwater Management Design
Manual. A combination of successive preferred practices may be used to achieve
the applicable minimum control requirements. Justification shall be provided to
the Department of Public Works by the applicant for vejecting e ach p i tjeti e e
EACH PRACTICE REJECTED based on site conditions.

ORDINANCES 223

123 Exemptions. The following develojmient activities are exempt from the
provisions of this subtitle and the requirements of providing stormwater manage-
ment.

(1) Additions or modifications to existing single family residential structures,
detached garages, sheds, surimming pools or similar accessory improvements; or

(2) Construction and/or grading operations, that do not disturb over 5,000
square feet of land area unless such construction or grading operations are part
of an approved subdivision plan which contains provisions for stormwater
manageynent; or

(3) Residential development consisting of single family houses each on a lot of
two acres or greater; or

(Jt) Land dei^elopment activities which the Water Resources Administration
determines will be regulated under specific State laws which provide for manag-
ing stormwater runoff

124 Waivers. The Dii ' ectoi ' s DIRECTOR of Public Works, or designee, may
grant a waiver of ANY OF the stormwater management requirenrients for in-
dividual developments provided that a written request is submitted to the Depart-
ment of Public Works by the applicant containing descriptions, drawings, and
any other information that is necessary to evaluate the proposed development. A
separate urritten waiver request shall be required in accordance with the provi-
sions of this section if there are subsequent additions, extensions, or modifica-
tions to a development receiving a waiver. Eligibility for a waiver shall be deter-
mined if the applicant can conclusively demonstrate that it will not cause an
adverse impact on the receiving wetlands water coarse or waterway and that:

(1) The proposed development shall not generate more than a 10 percent in-
crease in the 2-year pre-development peak discharge rate; or

(2) A site is surrounded by existing developed areas which are served by an ex-
isting network of public storm drainage systems of adequate capacity to accom-
modate the runoff from the additional development; or

(3) Provisions to control direct outfall to tidewater are provided when the first
inch of rainfall is managed according to infiltration standards and specifica-
tions promulgated by the Department of Public Works' Stormwater Management
Design Manuxil.

125 Variances. The Director of Public Works, or designee, may grant a writ-
ten variance from any requirements of Section 120 (Stormwater Management
Criteria) or the Department of Public Works' Stomnwater Management Design
Manual if there are exceptional circumstances applicable to the site such that
strict adherence to these provisions will result in unnecessary hardship and not
fulfill the intent of this subtitle. A written request for variance shall be provided
to the Department of Public Works and shall state the specific variances sought
and reasons for their granting. The Director of Public Works, or his designee,
shall not grant a variance unless and until sufficient specific reasons justifying
the variance are provided by the applicant.

224 ORDINANCES Ord. No. 84

126 Permit Requirements. A grading or building permit shall not be issued by
the Department of Housing and Community Development for any parcel or lot
unless a stormwater marmgement exemption or waiver is granted, or a storm-
water management plan meeting the requirements of this subtitle and the detailed
requirements of the Department of Public Works' Stormwater Management
Design Manual has been approved by the Department of Public Works. Where ap-
propriate, a building permit shall not be issued until the Department of Public
Works certifies that the following have been properly executed:

(1) Recorded easements for the stormwater management facility and easements
to provide adequate access for inspection and maintenance from a public right-of-
way; and

(2) A recorded stormwater management maintenance agreement; and

(3) A performance bond.

127 Permit Fee. A non - r e fmidabl e p e nnitf ee , IN CASES WHERE A STORM-
WATER MANAGEMENT PERMIT IS REQUIRED, A NON-REFUNDABLE
STORMWATER MANAGEMENT PERMIT FEE, in addition to the usual fee
charged for processing a grading or building permit, shall be collected by the
Department of Housing and Comf^munity Development at the time a grading or
building permit is issued. The permit fee may provide for the cost of stormwater
management plan review, administration, management of the stormwater per-
mitting process, and inspection of all projects subject to the requirenvents of this
subtitle. A fee schedule shall be established based upon the relative complexity of
the project and may be amended from time to time. The fee schedule shall be estab-
lished by the Director of Public Works and the Commissioner of Housing and
Community Development subject to approval by the Board of Estimates.

128 Permit Suspension and Revocation. Any grading or building permit
issued by the Department OF HOUSING AND COMMUNITY DEVELOPMENT
shall be suspended or revoked by the Departm£nt OF HOUSING AND COM-
MUNITY DEVELOPMENT after ujritten notice is given to the permittee and the
Department OF HOUSING AND COMMUNITY DEVELOPMENT by the
Department of Public Works for any of the follounng reasons:

(1) Any violation(s) of the conditions of the stormwater management plan ap-
proval.

(2) Changes in site runoff characteristics upon which a waiver was granted.

(3) Construction is not in accordance urith the approved plans.

(4) Noncompliance unth correction notice(s) or stop work orderfs) issued for the
construction of the stormwater management facility.

(5) An immediate danger exists in a dmunstream area in the opinion of the
Director of Public Works or designee.

129 Permit Conditions. The Director of Public Works, or designee, in grant-
ing plan approval, may impose additional conditions thereto as may be deemed
necessary to ensure compliance with the provisions of this subtitle, the Depart-
ment of Public Works' Stormwater Management Design Manual, and the preser-
vation of the public safety, health, and general welfare.

ORDINANCES 225

130 Construction Inspection Schedule and Reports. Prior to the approval of a
stomiwater managnient plan, the applicant shall submit to the Department of
Public Works a proposed construction and inspection control schedule. The
Department of Public Works, or an authorized representative, shall conduct in-
spections at the construction stages specified in the Department of Public Works
Stormwater Management Design Manual and file reports of inspections during
construction of stormwater management systems to ensure compliance with the
approved plans.

No other scheduled stormwater management work shall proceed until the
Department of Public Works inspects and approves the work previously com-
pleted and furnishes the applicant unth the results of the inspection soon after
completion of each required inspection.

After receiving written notice from the Department of Public Works, the appli-
cant shall promptly correct any portion of the work which cbes not comply with
the approved plans. The notice shall set forth the nature of corrections required
and the time urithin which corrections shall be made.

131 Final Inspection Reports. A final inspection shall be conducted by the
Department of Public Works upon completion of the stormwater management
facility to determine if the completed work is constructed in accordance urith ap-
proved plans, the detailed requirements of the Department of Public Works'
Stormwater Management Design Manual, and the intent of this subtitle. A
registered professional engineer licensed in Maryland is required to certify on
"As-Built" plans that the stormwater management facility has been constructed
in accordance urith the approved plans and specifications. The applicant shall
receive written notification of the final inspection results. The Department of
Public Works shall maintain a permanent file of inspection reports.

132 Performance Bond. The Department of Public Works shall require from
the applicant a surety or cash bond, irrevocable letter of credit, or other means of
security acceptable to the City of Baltimore prior to issuance of any building
and/or grading permit for construction of a development requimng a stormwater
management facility. The amount of security shall not be less than the total
estimated construction cost of the stormwater management facility. This estimate
shall be prepared by a registered professional engineer and submitted with the
plan. The bond so required in this section shall include provisions relative to
forfeiture for failure to complete work specified in the approved stormwater
management plan, compliance unth all provisions of this subtitle, the Department
of Public Works Stormwater Management Design Manual, other applicable laws
and regulations, and any time limitations. The b onds BOND shall not be fully
released without a final inspection of completed work by the Department of Public
Works, submission of 'As-Built" plans, and certification of completion by the
Department of Public Works of the stormwater management facility as being in
compliance with the approved plan and the provisions of this subtitle. A prmn-
sion may be made for partial release of the amount of the bond, pro-rated upon
completion and acceptance of the vamous stages of the development as specifically
delineated, described, and scheduled on the required plans and specifications.
The applicant shall notify the Department of Public Works upon completion of
each stage that the facility is ready for inspection.

226 ORDINANCES Ord. No. 84

138 Maintenance Responsibility. The owner of the property on which work has
been done pursuant to this subtitle for private stormwater management facilities,
or any other person or agent in control of such property, shall maintain in good
condition and pr&rnptly repair and restore all grade surfaces, walls, drains
dams and structures, vegetation, erosion and sediment control measures, and
other protective devices. Su£h repairs or restorations shall be in accordance vnth
approved plans.

A maintenance schedule for any stormwater management facility shall be
developed for the life of the development and shall state the maintenance to be com-
pleted, the time period for completion, and who shall perform the muintenance in-
cluding provisions for normal and abnormal maintenance. The maintenance
schedule shall be printed on the stormwater management plan.

ISJt Maintenance Agreement. The Department of Housing and Community
Development shall not issue any grading or building permit for which stomn-
water m/inagement is required until the Department of Public Works certifies
that the applicant or owner has executed an inspection and maintenance agree-
ment binding on all subsequent owners of land seinjed by the private stormwater
management faeility. Sueh agreement shall provide for aecess to the facility at
reasonable times, for regular inspection by the Department of Public Works, or
its authorized representative, and for regular or special assessments of property
owners to ensure that the facility is maintained in proper working condition to
meet the requirements of this subtitle, the Department of Public Works' Storm-
water Management Design Manual and any other provisions required by the
Director of Public Works or designee.

The agreement shall be recorded in the land records of the City of Baltimore by
the applicant and/or owner.

The agreement shall also provide that, if after urritten notice by the Department
of Public Works to correct a violation requiring maintenance work, sastisfactory
corrections are not made by the oumerfs) of land served by the facility urithin a
reasonable period of time, not to exceed 30 days unless extended for good cause
shoum, the Department of Public Works, or its designee, may perform all
necessary work to place the facility in proper working condition. The owners of
property served by the facility shall be assessed the cost of the work and any
penalties and there shall be a lien on any property served by the facility, which
may be placed on the tax bill and collected as ordinary taxes by the Department of
Finance.

135 Preventive Maintenance Inspection. Preventive maintenance shall be en-
sured through inspection of all infiltration systems, swales, retention, or deten-
tion structures by the Department of Public Works. The inspection shall occur
during the first year of operation and at least once every three years thereafter.

Preventive maintenance inspection reports shall be maintained by the Depart-
ment of Public Works on all stormwater management st r uctur e s FACILITIES.
The reports shall conform to the detailed requirements of the Department of
Public Works' Stormwater Management Design Manual.

If, after an inspection by the Department of Public Works, the condition of a
stormwater management facility presents an immediate danger to the public

ORDINANCES 227

safety or health, because of an unsafe condition or improper maintenance, the
Department of Public Works shall take such action; as may be necessary to pro-
tect the public and make the facility safe. Any cost incurred by the Department of
Public Works shall be assessed against the ownerfs) and collected, as provided in
Section 13U.

136 Appeals. Any person aggrieved by the action of any official charged with
the enforcement of this subtitle, as a result of the disapproval of an (properly
filed) application for a peivnit, issuance of a written notice ofmolation, or an al-
leged failure to properly enforce this subtitle, in regard to a specific application,
shall have the right to appeal the action to the Director of Public Works. The ap-
peal shall be filed in writing within seven days of the date of official transmittal
of the final decision or deteyvnination to the applicant AGGRIEVED PARTY,
shall state clearly the grounds on which the appeal is based, ayid shall be processed
in the manner prescribed for hearing administrative appeals under the City of
Baltimore, Department of Public Works, Specifications for Materials,
Highways, Bridges, Utilities and Incidental Structures, issue of 1979 and all
amendments thereto.

137 Penalties. Any person convicted of violating the provisions ANY PROVI-
SION of this subtitle shall be guilty of a misdemeanor, and upon conmction
thereof shall be subject to a fine of not more than One Thousand Dollars ($1,000)
or imprisoyunent not exceeding one (1) y e ar or both. Each day that a violation
continues shall b e a deemed separate ojjetis e . In addition thereof the C t ty of
Baltunore. may i - tistitut e inj - unctiv e , tnandamus, or other appropriat e action or
proceedings at law or EXCEEDING ONE (1) YEAR OR BOTH. EACH DAY
THAT A MOLA TION CONTINUES SHALL BE DEEMED A SEPARATE OF-
FENSE. IN ADDITION, THE MAYOR AND CITY COUNCIL OF
BALTIMORE AL\Y INSTITUTE INJUNCTIl'E OR OTHER APPROPRIATE
ACTIONS OR PROCEEDINGS AT LAW OR IN equity for the eyiforceyneyit of
this subtitle or to correct violations of this subtitle. Any court of competent
jurisdiction shall have the right to issue restraining orders, temporary or penna
nent injunctions, or manduniuses or other appropriat e fonns ofr r rnedy or r e li e f.

Sec. 2. Ayid be it further ordaiywd, That in the event it be judicially determined
that any word, phras e s PHRASE, clause, sentence, paragraph, section, or part
m-or of this ordinance or the application thereof to any person or circumstances
is invalid, the remaining provisions and the application of such provisions to
other persons or circumstances shall not be affected thereby, the Mayor and City
Council OF BALTIMORE hereby declaring that they would have ordained the
remaining provisions of this ordinance without the word, phrase, clause,
sentence, paragraph, section or part or the application thereof so held invalid.

Sec. 3. Ayid be it further ordauied, That in any case where a provision of this
ordinance concerns the same subject matter as an existing provision of any plan-
ning, public works, zoning, building, plumbing, health, or safety ordinance or
code or regulation, the applicable provisions concerned shall be construed so as to
give effect to each; provided, however, that if such provisions are found to be in

228 ORDINANCES Orel. No. 85

irreconcilable contlict, the provision wnicn establishes the higher standard for
the promotion and protection of the public health and safety shall prevail. In any
cas e wh e r e a provision of this subtitl e is found to b e in conflict with an existing
provision of any oth e r ordinanc e or cod e or regulation in forc e in th e City of
Baltimor e which e stablish e s a low e r standard for th e promotion and protection of
th e public health and saf e ty, th e provision of this subtitle shall prevail, and th e
oth e r e xisting provision of such oth e r ordinanc e or code or r e gulations is h e r e by
r e p e al e d to th e e xt e nt that it may b e found in conflict with this ordinanc e .

Sec. 4. And be it further ordained, That the Director of Public Works is hereby
authorized and directed to make, revise, and amend from time to time, as
necessary, such rules and regulations not inconsistent with the provisions of this
subtitle as may be necessary to carry out its requirements.

Sec. 5. And be it further ordained, That this ordinance shall take effect on
July 1, 1984.

Approved June 5, 1984

WILLIAM DONALD SCHAEFER. Mayor.

No. 85
(Council No. 258)

AN ORDINANCE concerning

ECONOMIC DEVELOPMENT REVENUE BONDS
(MICRO-COMP., INC. FACILITY)

FOR the purpose of (a) authorizing and empowering Mayor and City Council of
Baltimore to issue and sell, at any time or from time to time and in one or more
series, as limited obligations of the City and not upon its full faith and credit,
its revenue bonds in an aggregate principal amount not exceeding $1,000,000
pursuant to the provisions of Article II, sub-section (50) of the Charter of
Baltimore City (1964 Revision), as amended, for the purpose of financing the
costs of the acquisition by Bernard Goodman of a certain facility consisting of
the acquisition of two tracts of land, (a) one tract containing three parcels of
land known respectively, as (i) 1411 S. Caton Avenue, (ii) 3215 Clarinda
Avenue, and (iii) a 14,000 square foot (approx.) parcel lying on the south side of
Clarinda Avenue 160 feet east of S. Caton Avenue and (b) a second tract
known as 1421 S. Caton Avenue, in Baltimore City, Maryland, and the con-
struction of an office building thereon containing approximately 15,000 square
feet, to be owned by Bernard Goodman, individually, and leased to Micro-
Comp., Inc., a Maryland corporation, for use in its business as a
manufacturer's representative in high technology electronics industries, Micro
Parts, Inc., a Maryland corporation, for use in its business as a distributor of
high technology electronics parts, and others, for use by such tenants as office

ORDINANCES 229

facilities; (b) making certain legislative findings; (c) authorizing and empower-
ing the City's Board of Finance by one or more resolutions to effectuate the is-
suance, sale and delivery of any series of such bonds, (d) authorizing the Board
to adopt one or more supplemental resolutions for certain purposes; (e)
authorizing the issuance of notes in anticipation of the issuance of such bonds.

RECITALS

Article II, sub-section (50) of the Charter of Baltimore City (1964 Revision), as
amended (hereinafter referred to as "the Enabling Law"), empowers the Mayor
and City Council of Baltimore (herein referred to as "the City") to borrow money
to finance undertakings for the accomplishment of any of the purposes, objects
and powers of the City and in connection therewith to issue bonds, notes or other
obligations (including refunding bonds, notes or other obligations), all of which
shall be fully negotiable and payable, as to both principal and interest, solely
from and secured solely by a pledge of any one or more of (a) the revenues from
or arising in connection with the property, facilities, developments and im-
provements whose financing is undertaken by the issuance of such bonds, notes
or other obligations, (b) the revenues from or arising in connection with any con-
tracts, mortgages or other securities, purchased or otherwise acquired with the
proceeds of such bonds, notes or other obligations, or (c) the contracts, mort-
gages or other securities purchased or otherwise acquired with the proceeds of
such bonds, notes or other obligations. The purposes, objects and powers of the
City contemplated by the Enabling Law include the relief of conditions of
unemployment in the City of Baltimore, Maryland, encouraging the increase of
industry and a balanced economy therein, promoting economic development
therein, and promoting the health, welfare and safety of the residents thereof.

The City has received a letter of intent dated March 9, 1984 (hereinafter re-
ferred to as "the Letter of Intent") from Bernard (ioodman (hereinafter referred
to as "the Borrower"), pursuant to which the Borrower has recjuested the City to
participate in financing the costs of a certain facility in the City of Baltimore,
Marylanii (hereinafter referred to as "the F^icilily"), by issuing and selling the
City's revenue bonds in an aggregate principal sum not exceeding $1,000,000
(hereinafter referred to as "the Bonds"), and by making the proceeds of the
B«>nds available to the Borrower to be used by it for the purpose of financing the
costs of its acquisition and completion of the Facility.

The Facility will consist generally of (a) the acquisition of two tracts of land,
(i) one 39.000 square foot (approximately) tract containing three parcels known,
respectively, as (A) 1411 S. Caton Avenue. (B) 3215 Clarinda Avenue, and (C) a
14,000 sijuare foot (approximately) parcel lying on the soutii side of Clarinda
Avenue KU) feet east of S. Caton Avenue, and (ii) the secorul tract known as 1421
S. Caton Avenue, and ci)nlaining approximately 27,000 scjuare feet of land, both
tracts being located in Baltimore City, Maryland, (b) the construction of certain
improvements consisting of, among other things, a two-story masonry building
containing ap|)roximately 15,000 scjuare feet, for use as office facilities, (c) the
acijuisilion. construction and installation in such iniprovemenls of machinery and
etjuipment as may be useful or necessary in connection with the improvements,
and (d) the acc|uisition of such other interests in land (including, by way of exam-
ple rather than of limitation, roads, rights of access, utilities and other necessary

230 ORDINANCES Ord. No. 85

site preparation facilities) as may be necessary or suitable for the foregoing pur-
poses. The F'acility will be owned by the Borrower and leased to several tenants
for use as office facilities. The Borrower anticipates that two of such tenants will
be Micro-Comp., Inc., a Maryland corporation and a manufacturer's repre-
sentative in high technology electronics industries, and Micro Farts, Inc., a
Maryland corporation, and a distributor of high technology electronics parts. The
identities of the other tenants have not yet been determined.

The Enabling Law provides that the City may authorize and empower the
City's Board of Finance (herein referred to as "the Board") by resolution to deter-
mine and set forth the form, terms, provisions, manner or method of issuing
and selling the Bonds (including one or more negotiated or competitive bid sales),
the time or times of their issuance, and any and all other details of the Bonds and
the issuance and sale thereof, and to do any and all things necessary, proper or
expedient in connection with the issuance and sale of the Bonds.

NOW, THEREFORE, IN ACCORDANCE WITH THE PROVISIONS OF
THE ENABLING LAW,

Section \. Be it ordained by the Mayor and City Council of Baltimore, That,
acting pursuant to the provisions of the Enabling Law, it is hereby found and
determined that:

LI. The City's issuance and sale of the Bonds pursuant to the provisions of the
Enabling Law in order to make the proceeds thereof available to the Borrower
for the purpose of financing the costs of acquisition and completion of the Facili-
ty will facilitate and expedite such acquisition and completion.

1.2. The Borrower's acquisition and completion of the Facility and the financ-
ing of the costs thereof as provided in this Ordinance will serve to promote the
general purposes contemplated by the Enabling Law by (a) sustaining and in-
creasing jobs and employment in the City of Baltimore, (b) promoting economic
development therein, (c) encouraging the increase of industry and a balanced
economy therein, and (d) promoting the health, welfare and safety of the
residents thereof.

1.3. The Bonds shall not be general obligations of the City, shall not be a pledge
of or involve the City's faith and credit or taxing power, and shall not constitute a
debt of the City, all within the meaning of the provisions of Article XI, section 7
of the Constitution of Maryland or any other constitutional, statutory or charter
provision limiting or restricting the sale or issuance of the City's bonds, notes or
other obligations. The Bonds shall be limited obligations of the City, shall be fully
negotiable, and shall be payable, as to both prnicipal and interest, st)lely from and
secured solely by a pledge of any one or more of (a) the revenues from or arising
in connection with the Facility, (b) the revenues from or arising in connection
with any contracts, mortgages or other securities purchased or otherwise ac-
quired with the proceeds of the Bonds, and (c) the contracts, mortgages or other
securities purchased or otherwise acquired with the proceeds of the Bonds, all as
the Board may approve by one or more resolutions adopted before the issuance,
sale and delivery of any the Bonds.

ORDINANCES 231

Sec. 2. And be it further ordained, That the City is hereby authorized and em-
powered to issue and sell, at any time or from time to time and in one or more
series, as limited obligations of the City and not upon its full faith and credit, its
economic development revenue bonds in an aggregate principal sum not ex-
ceeding $1,000,000, subject to the provisions of this Ordinance. The proceeds of
the Bonds shall be made available to the Borrower under terms and conditions
approved by the Board and set forth in a resolution, and shall be used by the Bor-
rower for the purpose of financing the costs of the acquisition and completion of
the Facility.

Stc. 3. And be it further ordained, That this Ordinance constitutes the present
intent of the City to issue the Bonds, and shall also constitute acceptance of the
Letter of Intent by the City.

Stc". 4. And be it further ordained. That, as permitted by the Enabling Law,
the Board is hereby authorized and empowered, by one or more resolutions
adopted before the issuance, sale and delivery of any of the Bonds, to

4.1. prescribe, among other things but not limited to, the form, terms, provi-
sions, manner or method of issuing and selling the Bonds (including one or more
negotiated or competitive bid sales), the time or times of their issuance, and any
and all other details of the Bonds and their issuance and sale;

4.2. approve (a) the City's pledge or assignment of any of the security described
in the provisions of Section 6 hereof, pursuant to a trust agreement or similar
agreement, (b) the form of any such trust agreement or similar agreement, as
provided in the Enabling Law, and (c) such provisions in any such trust agree-
ment or similar agreement as the Board may deem reasonable and proper for the
security of the holders of the Bonds;

4.3. approve the terms and conditions, including but not limited to the terms
and conditions of any documents to be executed and delivered by the City (other
than customary financing statements and closing certificates), under which the
proceeds of the Bonds will be made available to the Borrower to finance the costs
of the acquisition and completion of the F'acility; and

4.4. do any and all things necessary, proper or expedient in connection with the
issuance, sale and delivery of the Bonds.

Sb:e . 5. And be it further urdaimd. That the Board is hereby authorized and
empowered to adopt one or more resolutions from time to time, either before or
after the issuance, sale and delivery of the Bonds, to supplement the resolution
or resolutions referred to in the provisions of Sections 4 and 8 hereof, and
thereby to approve amendments or supplements to or substitutes for the forms
and provisions of the Bonds, such trust agreement or similar agreement and all
other documents approved by such resolution or resolutions, provided that each
such supplemental resolution and each such amentimenl, supplement or
substitute shall be in accordance with the provisions of the Enabling Law and
this Ordinance.

Ski . 6. And be it further itrdaiitt-d. That the Bonds shall not be general obliga-
tions of the City, shall not be a pledge of or involve the CMty's faith and credit or

232 ORDINANCES Ord. No. 85

taxing power, and shall not constitute a debt of the City, all within the meaning
of the provisions of Article XI, section 7 of the Constitution of Maryland or any
other constitutional, statutory or charter provision limiting or restricting the
sale or issuance of the City's bonds, notes or other obligations. The Bonds shall be
limited obligations of the City, shall be fully negotiable, and shall be payable, as
to both principal and interest, solely from and secured solely by a pledge of any
one or more of (a) the revenues from or arising in connection with the Facility, (b)
the revenues from or arising in connection with any contracts, mortgages or
other securities purchased or otherwise acquired with the proceeds of the Bonds,
or (c) the contracts, mortgiiges or other securities purchased or otherwise acquired
with the proceeds of the Bonds, all as the Board may approve by one or more
resolutions adopted before the issuance, sale and delivery of any of the Bonds.

Sec. 7. And be it further ordained, That the Bonds shall be executed in the
City's name and on its behalf by the Mayor of the City (hereinafter referred to as
"the Mayor"), by his manual or facsimile signature, and by the City's Director of
Finance, by his manual or facsimile signature, and the City's corporate seal or a
facsimile thereof shall be impressed or otherwise reproduced thereon and at-
tested by the Custodian of the City Seal, by his manual signature. The trust
agreement or similar agreement and all other documents approved by the resolu-
tion or resolutions referred to in the provisions of Sections 4 and 8 hereof, and
any and all amendments thereto approved by a resolution referred to in the pro-
visions of Section 5 hereof, shall be executed in the City's name and on its behalf
by the Mayor by his manual signature, and the City's corporate seal or a facsimile
thereof shall be impressed or otherwise reproduced thereon and attested by the
Custodian of the City Seal, by his manual signature. In case any officer whose
signature or a facsimile thereof shall appear on the Bonds or any of the said
documents shall cease to be such officer before the delivery of the Bonds or any
other such document, such signature or such facsimile shall nevertheless be valid
and sufficient for all purposes, as if such officer had remained in office until
delivery. The Mayor, the City's Director of Finance, the Custodian of the City
Seal and other officials of the City are hereby authorized and empowered to do all
such acts and things and execute such documents and certificates as the Board
may determine in the resolutions referred to in the provisions of Sections 4, 5
and 8 hereof to be necessary to carry out and comply with the provisions hereof:

Sec. 8. A)id be it further ordained, That the authority to issue the Bonds is in-
tended and shall be deemed to include the authority to issue bond anticipation
notes pursuant to the provisions of article 31, section 12 of the Annotated Coile
of Maryland (1976 Replacement Volume and 1982 Cumulative Sup|)lement), as
amended (hereinafter referred to as "the Note Enabling Law"). Reference in this
Ordinance to the Bonds shall include such bond anticipation notes where ap-
propriate. As permitted by the provisions of the Enabling Law and the Note
Enabling Law, the Board is hereby authorized and empowered, by one or more
resolutions adopted before the issuance, sale and delivery of any of such bond an-
ticipation notes, to

8.1. prescribe, among other things but not limited to, the form, terms, provi-
sions, manner or method of issuing and selling any such bond anticipation notes
(including one or more negotiated or com[)etitive bid sales), the time or limes of

ORDINANCES 233

their issuance, and any and all other details of such bond anticipation notes and
their issuance and sale;

8.2. approve (a) the City's pledge or assignment of any of the security described
in the provisions of Section 6 hereof, pursuant to a trust agreement or similar
agreement, (b) the form of any such trust agreement or similar agreement, as
provided in the Enabling Law or the Note Enabling Law, and (c) such provisions
in any such trust agreement or similar agreement as the Board may deem
reasonable and proper for the security of the holders of such bond anticipation
notes;

8.3. approve the terms and conditions, including but not limited to the terms
and conditions of any documents to be executed and delivered by the City (other
than customary financing statements and closing certificates), under which the
proceeds of such bond anticipation notes will be made available to the Borrower
to finance the costs of the acquisition and completion of the Facility; and

8.4. do any and all things necessary, proper or expedient in connection with the
issuance, sale and delivery of such bond anticipation notes.

In accordance with the Note Enabling Law, the City hereby covenants (a) to
pay any bond anticipation notes issued pursuant to the provisions of this Section,
and the interest thereon, from the proceeds of the Bonds in anticipation of the
sale of which such notes are issued, and (b) to issue such Bonds when, and as soon
as, the reason for deferring the issuance of the Bonds no longer exists. The time-
ly issuance of such Bonds, however, is dependent upon matters not within the
City's control, including (without limitation) the existence of a purchaser or pur-
chasers of such Bonds when the reason for deferring the issuance of the Bonds
no longer exists, and the effectiveness of various actions taken by the Borrower,
its officers, agents and employees.

Sec. 9. And bt it further ordained. That the Borrower shall agree that

9.1. it will submit any plans and specifications for the Facility to the City's
Department of Housing and Community Development for approval, and that
such Department may refuse approval of any such plans and specifications for
aesthetic or functional reasons; and

9.2. it and its developers will work with the design aiivisory group appointed by
such Department to achieve high cjuality site, building aiuJ landscape design.

Skc. 10. And be it further ordained, That the provisions of this Ordinance are
severable, and if any provision, sentence, clause, section or part hereof is held il-
legal, invalid or unconstitutional or inapplicable to any person or circumstance,
such illegality, invalidity, unconstitutionality or inapplicability shall not affect or
impair any of the remaining provisions, sentences, clauses, secticiiis or parts of
this Ordinance or their applicaticui toother persons or circumstances. It is hereby
declared to l)e the legislative intent that this Ordinance would have been passed
if such illegal, invalid or unconstitutional provision, sentence, clause, section or
part had not been included herein, and if the person av circumstances to which
this Ordinance or any part hereof is inapplicable had been specifically exempted
herefrom.

234 ORDINANCES Ord. No. 85

Sec. 11. And be it further ordained. That either the Bonds or any bond an-
ticipation notes issued pursuant to the provisions of Section 8 hereof must be
issued and sold within six (6) months from the date on which this Ordinance is ap-
proved by the Mayor; provided, that the Board, after a showing of good cause at
a public hearing held before the Board before or after the expiration of such six-
month period, may extend the period during which either the Bonds or such bond
anticipation notes may be issued and sold for one additional term not exceeding
six (6) months from the date on which the first six-month period expires. The
Board, in its sole discretion and without action by the City Council of the City,
shall determine the sufficiency, or lack thereof, of the reasons presented for any
requested extension of such six-month period. If an extension is granted, notice
of such extension and the reasons therefor must be sent to the City Council of the
City. To the extent that neither the Bonds nor such bond anticipation notes are
issued and sold within twelve (12) months from the date on which this Ordinance
is approved by the Mayor, the authority provided in this Ordinance for the City
to issue and sell the Bonds and such bond anticipation notes shall expire.

Sec. 12. And he it further ordained, That the City Council of the City
recognizes that pending legislation in the Congress of the United States of
America may, if enacted, adversely affect the Bonds and accordingly, the Board
of Finance may in its sole discretion and without action by the City Council of the
City determine not to issue and sell the Bonds.

Sec. 13. And be it further ordained, That the issuance and sale of the Bonds
shall not constitute any representation or warranty that the interest thereon will
be exempt from federal income taxes.

Sec. 14. And be it further ordained, That this Ordinance shall take effect from
the date of its passage.

Approved June 5, 1984

WILLIAM DONALD SCHAEFER, Mayor.

ORDINANCES 235

No. 86
(Council No. Ill)

AN ORDINANCE concerning

ZONING -APPROVAL FOR CONDITIONAL USE
PARKING LOT

FOR the purpose of granting permission for the establishment, maintenance and
operation of an open off-street parking area on the property located at
2224-2226 E. Jefferson Street as outlined in red on the plats accompanying
this ordinance.

BY authority of
Article 30 -Zoning
Sections 4t6-1^ 4.8-lD and 11.0-6d
Baltimore City Code (1983 Replacement Volume, as amended)

Sec. 2. And he it further ordained, That upon passage of this ordinance by the
City Council, as evidence of the authenticity of the plat which is a part hereof and
in order to give notice to the departments which are administering the Zoning
Ordinance, the President of the City Council shall sign the plat and when the
Mayor approves the ordinance, he shall sign the plat. The Director of Finance
shall then transmit a copy of the ordinance and one of the plats to the following:
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com-
missioner of the Department of Housing and Community Development, the
Supervisor of Assessments for Baltimore City and the Zoning Administrator.

Sec. 3. And be it further ordained, That this ordinance shall Lake effect thirty
days from the date of its passage.

Approved June 7, 1984

WILLIAM DONALD SCHAEFER, Mayor.

236 ORDINANCES Ord. No. 87

No. 87
(Council No. 122)

AN ORDINANCE concerning

ZONING -PARKING LOTS ON STADIUM EVENT DAYS

FOR the purpose of adding to the list of conditional uses which are subject to
Board approval certain parking lots in Residence Districts, provided the lots
are accessory uses with space for at least 20 cars and a fee is charged only on
stadium event days.

BY adding to

Article 30 -Zoning

Chapter 4 -Residence Districts

Sections 4.0-lc-9A

Baltimore City Code (1983 Replacement Volume, as amended)

Section I. Be it ordained by the Mayor and City Council of Baltimore, That
Section(s) of the Baltimore City Code (1983 Replacement Volume, as amended)
be added, repealed, or amended, to read as follows:

ARTICLE 30 -ZONING

Chapter 4 -Residence Districts

4.1 R-1 Single Family Residence District

4.1-lc Conditional uses.

9A. Open off-street parking areas 07i stadium event days provided the fol-
lowing conditions are met:

(a) the parking area is an accessory use,

(b) the area will contain a minimum of 20 parked automobiles, and

Sec. 2. And be it further ordained, That this ordinance shall Lake effect thirty
daya from the date of its passage.

Approved June 7, 1984

WILLIAM DONALD SCHAEFER, Mayor.

ORDINANCES 237

No. 88
(Council No. 155)

AN ORDINANCE concerning

PLANNED UNIT DEVELOPMENT-
BELLONA AND MELROSE AVENUES

FOR the purpose of approving the plan of development of the 5.60 acre tract of
land, located on the southwest corner of Bellona and Melrose Avenues, and
shown on the AMENDED development plan accompanying thi? ordinance,
submitted to the City Council by Meridian Inc., owner of the aforesaid tract of
land; and to authorize development arid maintenance of the land, as a planned
development; all pursuant to Sections 12.0-1 and 12.0-2 of Article 30 of the
Baltimore City Code (1976 Edition, 1983 Replacement Volume), entitled "Zon-
ing", as enacted by Ordinance No. 1051, approved April 20, 1971, as amended.

Whereas, on March 1, 1984, Meridian Inc., as owner of the 5.60 acre tract of
land, located on the southwest corner of Bellona and Melrose Avenues, and
shown on the AMENDED development plan accompanying this ordinance, met
with the duly designated officer of the Planning Commission of Baltimore City,
and held a preliminary conference with such officer, as to and about the scope
and nature of the proposed planned development on the land, preparatory to of-
ficial submission to the City Council of a formal application for consideration of
the planned development on the land, and, thereafter, made formal applicjition to
the City Council for (i) approval of the plan of development of the land, as shown
on the AMENDED development plan accompanying this ordinance, entitled
"Long Green Nursing Home MERIDIAN HEALTHCARE", comprised of Sheet
1, Site Plan, Sheet 2, Main Floor Plan, Sheet 3, East and West Elevations, and
Sheet 4, Rear Elevation and Profile Section Thru Property, submitted by Meri-
dian Inc. with its application, and (ii) authorization to develop and maintain the
land, as a planned development, in accordance with the approved plan of develop-
ment, all by ordinance enacted pursuant to Sections 12.0-1 and 12.0-2 of Article
30 of the Baltimore City Code (1976 Ed., 1983 Rep. Vol.) entitled "Zoning", as
enacted by Ordinance No. 1051, approved April 20, 1971, as amended.

NOW, THEREFORE,

Section \. Be it ordained by the Mayor and City Council of Baltirmyre, That
the plan of development of the 5.60 acre tract of land, located on the southwest
corner of Bellona and Melrose Avenues, as shown on the AMENDED develop-
ment plan accompanying this ordinance, entitled "Long Green Nursing Home
MERIDIAN HEALTHCARE", comprised of Sheet 1, Site Plan, Sheet 2, Main
Floor Plan, Sheet 3, East and West Elevations, and Sheet 4, Rear Elevation and
Profile Section Thru Property, be and the same is hereby approved, and develop-
ment and maintenance of land, as a planned development, in accordance with the
approved plan of development, be and the same is hereby authorized, all pur-
suant to Sections 12.0-1 and 12.0-2 of Article 30 of the Baltimore City Code (1976
Ed., 1983 Rep. Vol.), entitled "Zoning", as enacted by Ordinance No. 1051, ap-
proved April 20. 1971, as amended, hereinafter called "Zoning Ordinance", to the

238 ORDINANCES Ord. No. 89

end and intent that the approved planned development, hereby established on
the land, be delineated and designated on Sheet 5 of the Zoning Maps of the Zon-
ing Ordinance, and that development and maintenance of the land conform to the
details and specifications of the approved plan of development, as to uses, lot
area and coverages, yards, building heights, floor area ratios and off-street park-
ing, in lieu of those otherwise applicable in the R-2 Single-Family Residence
District in which the land is located, so as to produce a well designed develop-
ment that will have a beneficial effect upon the health, safety, security and
general welfare of neighboring areas and the City generally.

Sec. 2. And be it further ordained, That upon passage of this ordinance by the
City Council, as evidence of the authenticity of the AMENDED development plan
which is a part hereof and in order to give notice to the departments which are ad-
ministering the Zoning Ordinance, the President of the City Council shall sign the
AMENDED development plan, and when the Mayor approves the ordinance, he
shall sign the AMENDED development plan. The City Treasurer shall then
transmit a copy of the ordinance and one of the AMENDED development plans to
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com-
missioner of the Department of Housing and Conununity Development, the Super-
visor of Assessments for Baltimore City and the Zoning Administrator.

Sec. 3. And be it further ordained, That this ordinance shall take effect from
the date of its passage.

Approved June 7, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 89
(Council No. 118)

AN ORDINANCE concerning

ZONING -PLANNED UNIT DEVELOPMENT
NORTH CHARLES GENERAL HOSPITAL

FOR the purpose of approving the application of North Charles General Hos-
pital to amend the Residential Planned Development approved by Ordinance
No. 767, approved December 6, 1974, and to approve the amended Develop-
ment Plan submitted by the applicant.

BY authority

Article 30 -Zoning

Sections 12.0-1 and 12.0-2

Baltimore City Code (1983 Replacement Volume, as amended)

Whekeas, By Ordinance No. 767, approved December 6, 1974, the application
of the North Charles General Hospital to have the property generally hi)unde(l l)y
North Charles Street on the east, 27th Street on the south, the alley west of Mor-

ORDINANCES 239

ton Street on the west, 28th Street on the north, and including the properties
generally known as 2609-2621 North Charles Street and 2614-2628 North
Charles Street designated a Residential Planned Development in accordance
with Sections 12.0-1 and 12.0-2 of Article 30 of the Baltimore City Code (1983
Replacement Volume, as amended); and the Development Plan submitted by
North Charles General Hospital were approved; and

Whereas, North Charles General Hospital wishes to amend the Development
Plan approved by Ordinance 767 by constructing a parking garage on lots 5 to
12, Ward 12, Section 3, Block 3637; and

Wheke.\s, On August 24, 1983, representatives of North Charles General
Hospital met with the Director of Planning, the designated officer of the
Baltimore City Planning Commission to hold a pre-petitions conference to ex-
plain the scope and nature of the proposed amendment to the Development Plan;
and

Whereas, The representatives of North Charles General Hospital hereby
make formal application to the Baltimore City Council and submit requisite
amended development plans to include those requirements specified in Sections
12.0-1 and 12.0-2 of Article 30 of the Baltimore City Code (1983 Replacement
Volume, as amended); now, therefore,

Sectiun 1. Be it ordained by the Mayor and City Council uj Baltimore, That
the amended Development Plan submitted by North Charles General Hospital at-
tached hereto and made a part hereof, to amend the Development Plan approved
by Ordinance 767, approved December 6, 1974, be and it is hereby approved.

Sec. 2. And be it further ordained. That upon passage of this ordinance by the
City Council, as evidence of the authenticity of the development plans which are
a part hereof and in order to give notice to the departments which are ad-
ministering the Zoning Ordinance, the President of the City Council shall sign
the development plans and when the Mayor approves the ordinance, he shall sign
the development plans. The Director of Finance shall then transmit a copy of the
ordinance to the Board of Municipal and Zoning Appeals, the Planning Commis-
sion, the Super\'isor for Assessments for Baltimore City and the Zonmg Ad-
ministrator.

Sec 3. And be it further ordained. That this ordinance shall take effect thi r ty
daya from the date of its passage.

Approved June 11, 1984

WILLIAM DONALD SCHALFER, Mayor.

240 ORDINANCES Ord. No. 90

No. 90
(Council No. 47)
AN ORDINANCE concerning

REZONING-EAST LOMBARD STREET BUSINESS AREA

FOR the purpose of changing the zoning of the following properties:

(1) 11 Lloyd Street from the B-3-3 to the O-R-4 Zoning District as outlined
in green on the AMENDED plat accompanying this ordinance;

(2) 25, 27-35, AND 41 Lloyd Street and th e e aatern portion of 25 Llo yd
S tr ee t from the R-8 to the O-R-4 Zoning District as outlined in red on the
AMENDED plat accompanying this ordinance; AND

(3) the western portion of 1 109 Watson Street from the M-1-3 to the O-R-4
Zoning District as outlined in blue on the AMENDED plat accompanying this
ordinance;, and

(4) th e w e stern portion of 25 Lloyd Street from th e R - 8 to th e O - R - 4 - r Zo n-
ing District as outlin e d in y e llow on th e plat accompanying this ordinanc e .

BY amending Zoning District Maps
Sheet No. 56
Article 30 -Zoning
Baltimore City Code (1983 Replacement Volume)

(1) 11 Lloyd Street from the B-3-3 to the O-R-4 Zoning District as outlined
in green on the AMENDED plat accompanying this ordinance;

(2) 25, 27-35, AND 41 Lloyd Street and th e e ast e rn portion of 25 Lloyd
S tr ee t from the R-8 to the O-R-4 Zoning District as outlined in red on the
AMENDED plat accompanying this ordinance; AND

(3) the western portion of 1109 Watson Street from the M-1-3 to the O-R-4
Zoning District as outlined in blue on the AMENDED plat accompanying this
ordinance;, and

(4) the w e stern portion of 25 Lloyd S tr ee t from th e R - 8 to th e Q - R - 4 - P Zo n-
ing District as outlin e d in y e l l ow on th e plat accompanying ihia ordinanc e .

Sec. 2. And be it further ordained, That upon passage of this ordinance by the
City Council, as evidence of the authenticity of the AMENDED plat which is part
hereof and in order to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council shall sign the
AMENDED plat, and when the Mayor approves the ordinance he shall sign the
AMENDED plat. The Director of Finance shall then transmit a copy of the
ordinance and one of AMENDED plats to the following: the Board of Municipal
and Zoning Appeals, the Planning Commission, the Commissioner of the Depart-
ment of Housing and Community Development, and the Zoning Administrator.

ORDINANCES 241

Sec. 3. And be it further ordained, That this ordinance shall take effect from
the date of its passage.

Approved June 14, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 91
(Council No. 69)

AN ORDINANCE concerning

URBAN RENEWAL -EAST LOMBARD STREET BUSINESS AREA-
AMENDMENT 2 TO THE URBAN RENEWAL PLAN

FOR the purpose of amending the Urban Renewal Plan for the East Lombard
Street Business Area to, among other things, (1) revise an objective for the
East Lombard Street Business Area; (2) provid e for th e acquisition of a por -
tion of th e b e d of Wataon Str ee t for urban r e n e wal purpos e s; ( 3) (2) modify the
lot lines AND/OR LAND USES of certain existing development parcels and
create certain A new development parc e ls PARCEL ; {4) (3) create a new Office-
Residential land use category; (6) (4) make certain land use changes; (6) (5)
recommend zoning district changes and provide that the approval of Amend-
ment 2 shall not be construed as an enactment of said changes; (6) REVISE
CERTAIN REGULATIONS APPLICABLE TO ALL LAND TO BE AC-
QUIRED; (7) prohibit sandblasting as a means of cleaning masonry facades
with certain exceptions; (8) revise the provisions regarding "Signs" and
"Period of Compliance"; (9) provide a penalty for violation of these provisions
of Sandblasting, Signs, and Period of Compliance; (10) waive such re-
quirements, if any, as to content or procedure for the preparation, adoption
and approval of renewal plans as set forth in Article 13 of the Baltimore City
Code (1983 Replacement Volume) which the Urban Renewal Plan for the East
Lombard Street Business Area may not meet; (1 1) provide for the separability
of the various parts and applications of this ordinance; (12) provide that where
the provisions of this ordinance shall conflict with any other ordinance, code or
regulation in force in the City of Baltimore, the provision which establishes the
higher standard shall prevail; and (13) provide for an effective date hereof.

Where.as, an Urban Renewal Plan for the East Lombard Street Business Area

was first approved by the Mayor and City Council of Baltimore by Ordinance No.
942, dated June 30, 1975, and amended by Ordinance No. 178, dated Novem-
ber 18, 1976; and

Whekeas, pursuant to Article 13 of the Baltimore City Code (1983 Replace-
ment Volume), no substantial change or changes shall be made in any renewal
plan, after approval by ordinance, without such change or changes first being
adopted and approved in the same manner as set forth in said Article 13 for the
approval of a renewal plan, namely the preparation of such change or changes by
the Department of Housing and Community Development, the approval of such

242 ORDINANCES Ord. No. 91

change or changes by the Director of the Department of Planning, and approval
and adoption by an ordinance of the Mayor and City Council of Baltimore after a
public hearing in relation thereto, all in the manner set forth in said Article 13;
and

Whereas, it is necessary to amend the Urban Renewal Plan for the East Lom-
bard Street Business Area to make certain changes to implement the plans for a
Jewish Heritage Center as well as to, among other things, include provisions
relating to sandblasting of masonry facades, provide for a waiver by the Commis-
sioner of the Department of Housing and Community Development of certain
Rehabilitation Standards if the proposed improvements do not adversely affect
the objectives for the East Lombard Street Business Area, and remove restric-
tions regarding content of signs in compliance with a recent U.S. District Court
decision; and

Whekeas, extensive changes in the Urban Renewal Plan make it infeasible to
make line-by-line changes; therefore, the Department of Housing and Communi-
ty Development has prepared an amended Urban Renewal Plan for the East
Lombard Street Business Area, revised to include Amendment 2, dated Jan-
uary 3, 1984 AND REVISED MARCH 22, 1984; and

Whereas, said amended Urban Renewal Plan for the East Lombard Street
Business Area has been approved by the Director of the Department of Planning
with respect to its conformity as to the Master Plan, the detailed location of any
public improvements proposed in the amended Renewal Plan, its conformity to
the rules and regulations for subdivision, and all zoning changes proposed in the
amended Renewal Plan; and said amended Renewal Plan has been approved and
recommended to the Mayor and City Council of Baltimore by the Commissioner
of the Department of Housing and Community Development; now, therefore,

Section I. Be it ordained by the Mayor and City Council of Baltimore, That
the amended Urban Renewal Plan for the East Lombard Street Business Area,
identified as "Urban Renewal Plan, East Lombard Street Business
Area . . . revised to include Amendment No. 2, dated January 3, 1984 AND
REVISED MARCH 22, 1984," is hereby approved and the Clerk of the City
Council is hereby directed to file a copy of said amended Urban Renewal Plan
with the Department of Legislative References as a permanent public record and
make the same available for public inspection and information.

Sec. 2. And be it further ordained, That the revised obj e ctiv e OBJECTIVES
for the East Lombard Street Business Area relating to preserving and enhanc-
ing the historic and cultural heritage of the area by creating an appropriate set-
ting for the two historic synagogues as contained in the amended Urban Renewal
Plan in Se ction SECTIONS A.2. AND E.3. is hereby approved.

B ec. 3. And b e it furthe r o r dauied, That th e cloaing of that portion of Watson
S tr ee t which li e s 100 f ee t, more or leaa, northca3terly from Lloyd Str e et and ita
acquisition for urban r e newal purpoaca ia her e by approv e d provid e d that t he
nec e aaary atr ee t opening and cloaing ordinancea for thia portion of WaUjon
S tr ee t ar e approved by the Mayor and City Council of Baltimor e .

ORDINANCES 243

Sec. 4 3. And be it further (/rdained, That the boundaries AND/OR LAND
USES of certain existing public development parcels shall be modified and A new
development parc e ls PARCEL for Office-Residential and Public Right - of - Way
use shall be created, all as shown in the amended Urban Renewal Plan on Exhibit
3, Land Disposition Map, dated as revised January 3, 1984 MARCH 22, 1984.

Sec. & 4. And be it further ordained, That a new land use category, Office-
Residential, shall be created in which uses shall be limited to churches, temples,
synagogues, museums, PARKS/PLAZAS, and accessory uses as shown in the
amended Urban Renewal Plan is Section B.2.a.(l) and on Exhibit 1, Land Use
Plan, dated as revised January 3, 1984 MARCH 22, 1984, are hereby approved.

Sec. 6 5. And be it further ordained, That the proposed land use changes shown
in the amended Urban Renewal Plan in Section B.2.a. and on Exhibit 1, Land Use
Plan, dated as revised January 3, 1984 MARCH 22, 1984, are hereby approved.

SEC. 6. AND BE IT FURTHER ORDAINED, THAT THE PROPOSED
REVISIONS TO THE REGULATIONS AND CONTROLS APPLICABLE TO
ALL LAND AND PROPERTY TO BE ACQUIRED AS CONTAINED IN THE
AMENDED URBAN RENEWAL PLAN IN SECTION B.2.B. ARE HEREBY
APPROVED.

Sec. 7. And be it further ordained. That the approval of Amendment No. 2 to
the Urban Renewal Plan for the East Lombard Street Business Area shall not be
constructed as an enactment of the amendments to the Zoning Ordinance of
Baltimore City that are shown in the amended Urban Renewal Plan on Exhibit 4,
Zoning Districts, dated as revised January 3, 1964 MARCH 22, 1^84.

Sec. 8. And be it further ordained, That cleaning of masonry facades by means
of sandblasting shall not be permitted in the East Lombard Street Business Area
except where sandblasting is determined by the Commissioner of the Depart-
ment of Housing and Community Development to be the only feasible means of
surface cleaning of masonry and where, in his opinion, it will not cause damage to
historic building materials.

Sec. 9. And be it further ordained, That the sign provisions set forth in the
amended Urban Renewal Plan under Section C.3.g. shall be revised. Therefore,
line 21 on page 8 through line 20 on page 10 of Section 4 of Ordinance 178, ap-
proved November 18, 1976, are hereby amended to read as follows:

"(4) Signs

(1) (No signs other than those identifying the property where they are installed
or identifying the use conducted therein shall be permitted. Advertising by
material or product manufacturers and suppliers shall not be permitted except as
primary identification of an establishment.]

All lighting and electrical elements such as wires, conduits, junction boxes,
transformers, ballasts, switches and panel boxes shall be concealed from view as
much as possible.

244 ORDINANCES Ord. No. 91

(2) Flat signs shall be placed parallel to the building face and shall not project
more than 12" from the surface of the building and shall not exceed in area three
times the width in feet of the frontage of the building. In the case of corner prop-
erties, each facade is to be calculated separately as to size allowed for each. Flat
signs shall be placed no higher than the bottom of the second story window where
windows exist or 13 feet above grade level, whichever is lower. Lettering applied
to ground floor show windows or entrance doors shall not exceed two and one-
half (2 V2) inches in height. [, and the text limited to identification of the business.]
Signs identifying the occupant shall be permitted at the rear entrance doors but
shall not exceed six square feet in size, except where authorized by the Depart-
ment of Housing and Community Development.

(3) Marquees shall not be permitted on any portion of any building, other than
theaters in operation.

(4) Painted signs on building surfaces or use of separate cutout letters shall be
permitted in accordance with the above limits for flat signs.

(5) Non-illuminated secondary signs [shall be permitted for the identification of
commercial tenants occupying the upper floors of a building. Such signs] shall not
exceed two (2) square feet in area and shall not project more than one inch
beyond the surface of the building, nor shall they be placed higher than 13 feet
above grade level.

(6) Roof top signs, above the parapet of a building, billboards, or outdoor adver-
tising signs painted or mounted on structures other than billboards, except as
otherwise herein provided, shall not be permitted.

(7) Painted or inlaid signs on cloth awnings are permitted.

(8) Flashing or moving signs other than barber poles shall not be permitted.

(9) All signs not conforming to the above regulations shall be removed within
two years from the date of enactment of Ordinance 178, dated November 18,
1976 except billboards larger than sixty square feet, which shall be removed
within five years. No lease for such billboards expiring after date of enactment of
Ordinance 178, dated November 18, 1976 shall be renewed. Future minor
privilege permits for signs shall be issued only for those signs meeting project
design criteria.

(10) No private signs shall be permitted except as herein provided or as other-
wise authorized by the Department of Housing and Community Development for
temporary purposes not exceeding thirty days."

Sec. 10. And be it further ordained, That the Period of Compliance provisions
set forth in the amended Renewal Plan under Section C.3.h. shall be revised.
Therefore, line 21 through line 33 on page 10 of Section 4 of Ordinance 178, ap-
proved November 18, 1976, are hereby amended to read as follows:

"h. Period of Compliance

To the extent that rehabilitation requirements for commercial uses are
specifically applicable to the East Lombard Street Business Area and are not

ORDINANCES 245

generally required elsewhere, the work necessary to meet such requirements
shall be undertaken within two (2) years from the approval of Ordinance 178,
dated November 18, 1976. No work alterations or improvements shall be under-
taken after enactment Ordinance 178, dated November 18, 1976 which do not
conform with the requirements herein. However, the Commissioner of the
Department of Housing and Community Development may waive compliance
with one or more of these staiulards provided that the proposed improvements do
not adversely affect the objectives of the East Lombard Street Business Area.

Nothing herein shall be constructed to permit any sign, construction,
alteration, change, repair, use or any other matter otherwise forbidden or
restricted or controlled by any other public law."

Sec. II. And be t7/ur//ierordai/i<?(i, That any person guilty of violating the pro-
visions contained in Sections 8, 9 and 10 of this ordinance shall be guilty of a
misdemeanor and shall be subject to a fine not exceeding One Hundred Dollars
($100.00) and that each day's violation shall constitute a separate offense.

Sec. 12. And be it further ordained, That in whatever respect, if any, the
amended Renewal Plan approved hereby for the East Lombard Street Business
Area may not meet the requirements as to the content of a Renewal Plan or the
procedures for the preparation, adoption, and approval of renewal plans, as pro-
vided in Article 13 of the Baltimore City Code (1983 Replacement Volume), the
said requirements are hereby waived and the amended Renewal Plan approved
hereby is exempted therefrom.

Sec. 13. And be it further ordained. That in the event it be judicially deter-
mined that any word, phrase, clause, sentence, paragraph, section or part in or of
this ordinance or the application thereof to any person or circumstances is in-
valid, the remaining provisions and the application of such provisions to other
persons or circumstances shall not be affected thereby, the Mayor and City
Council hereby declaring that they would have ordained the remaining provisions
of this ordinance without the word, phrase, clause, sentence, paragraph, section
or part or the application thereof so held invalid.

Sec. 14. And be it further ordained, That in any case where a provision of this
ordinance concerns the same subject matter as an existing provision of any zon-
ing, building, electrical, plumbing, health, fire or safety ordinance or code or
regulation, the applicable provisions concerned shall be construed so as to give
effect to each; provided, however, that if such provisions are found to be in ir-
reconcilable conflict, the provision which establishes the higher standard for the
promotion of the public health and safety shall prevail. In any case where a provi-
sion of this ordinance is found to be in conflict with an existing provision of any
other ordinance or code or regulation in force in the C'ity of Baltimore which
establishes a lower standard for the promotion of the public health and safety,
the provision of this ordinance shall prevail, and the other existing provision of
such other ordinance or code or regulation is hereby repealed to the extent that it
may be found in conflict with this ordinance.

246 ORDINANCES Ord. No. 92

Sec. \5.And be it further ordained, That this ordinance shall take effect from
the date of its passage.

Approved June 14, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 92
(Council No. 8)

AN ORDINANCE concerning

REZONING-423 S. EDEN STREET

FOR the purpose of changing the zoning for the property known as 423 S. Eden
Street from the M-2-2 Zoning District to the B-1-1 Zoning District as outlined
in red on the plats accompanying this ordinance.

By amending Zoning District Maps
Sheet No. 56
Article 30 -Zoning
Baltimore City Code (1983 Replacement Volume)

Section I. Be it ordained by the Mayor and City Council of Baltimore, That
Sheet No. 56 of the Zoning District Maps of Article 30 of the Baltimore City Code
(1983 Replacement Volume) title "Zoning" be and it is hereby amended by chang-
ing from the M-2-2 Zoning District to the B-1-1 Zoning District the property
known as 423 S. Eden Street as outlined in red on the plats accompanying this
ordinance.

Sec. 2. And be it further ordained. That upon passage of this ordinance by the
City Council, as evidence of the authenticity of the plat which is a part hereof and
in order to give notice to the departments which are administering the Zoning
Ordinance, the President of the City Council shall sign the plat and when the
Mayor approves the ordinance, he shall sign the plat. The Director of Finance
shall then transmit a copy of the ordinance and one of the plats to the following:
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com-
missioner of the Department of Housing and Community Development, and the
Zoning Administrator.

Sec. 3. And be it further ordained. That this ordinance shall take effect thirty
days from the date of its passage.

Approved June 15, 1984

WILLIAM DONALD SCHAEFER. Mayor.

ORDINANCES 247

No. 93
(Council No. 34)
AN ORDINANCE concerning

REZONING -2501-2515 BOSTON STREET

FOR the purpose of changing the zoning for a portion of the properties l^nown as
2501-2515 Boston Street from the M-3 Zoning District to the B-2-3 Zoning
District as outhned in red on the AMENDED plats accompanying this
ordinance.

By amending Zoning District Maps
Sheet No. 67
Article 30 -Zoning
Baltimore City Code (1983 Replacement Volume)

Section 1. Be it ardained by the Mayor and City Council of Baltimore, That
Sheet No. 67 of the Zoning District Maps of Article 30 of the Baltimore City Code
(1983 Replacement Volume) title "Zoning" be and it is hereby amended by chang-
ing from the M-3 Zoning District to the B - 3 - 2 B-2-3 Zoning District a portion of
the properties known as 2501-2515 Boston Street as outlined in red on the
AMENDED plats accompanying this ordinance.

Sec. 2. And be it further ordained, That upon passage of this ordinance by the
City Council, as evidence of the authenticity of the plat which is a part hereof and
in order to give notice to the departments which are administering the Zoning
Ordinance, the President of the City Council shall sign the plat and when the
Mayor approves the ordinance, he shall sign the plat. The Director of Finance
shall then transmit a copy of the ordinance and one of the plats to the following:
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com-
missioner of the Department of Housing and Community Development, and the
Zoning Administrator.

Sec. 3. And be it further ordained. That this ordinance shall take effect thirty
days from the date of its passage.

Approved June 15, 1984

WILLIAM DONALD SCHAEFER. Mayor.

248 ORDINANCES Ord. No. 94

No. 94
(Council No. 185)

AN ORDINANCE concerning

REZONING- NORTHWEST CORNER OF FAIRMOUNT AVENUE
AND BROADWAY

FOR the purpose of changing the zoning for the property located at the north-
west corner of Fairmount Avenue and Broadway from the R-10 Zoning
District to the O-R-4 Zoning District as outlined in red on the plats accompany-
ing this ordinance.

BY amending Zoning District Maps
Sheet No. 57
Article 30 -Zoning
Baltimore City Code (1983 Replacement Volume, as amended)

Section I. Be it ordained by the Mayor and City Council of Baltimore, That
Sheet No. 57 of the Zoning District Maps of Article 30 of the Baltimore City Code
(1983 Replacement Volume, as amended) title "Zoning" be and it is hereby
amended by changing from the R-10 Zoning District to the O-R-4 Zoning District
the property located at the northwest corner of Fairmount Avenue and Broad-
way as outlined in red on the plats accompanying this ordinance.

Sec. 2. And be it further ordained, That upon passage of this ordinance by the
City Council, as evidence of the authenticity of the plat which is a part hereof and
in order to give notice to the departments which are administering the Zoning
Ordinance, the President of the City Council shall sign the plat and when the
Mayor approves the ordinance, he shall sign the plat. The Director of Finance
shall then transmit a copy of the ordinance and one of the plats to the following:
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com-
missioner of the Department of Housing and Community Development, the
Supervisor of Assessments for Baltimore City and the Zoning Administrator.

Sec. 3. And be it further ordained, That this ordinance shall take effect thirty
days from the date of its passage.

Approved June 15, 1984

WILLIAM DONALD SCHAEFER. Mayor.

ORDINANCES 249

No. 95
(Council No. 236)
AN ORDINANCE concerning

BOND ISSUE -CITY JAIL LOAN

FOR the purpose of authorizing the Mayor and City Council of Baltimore (pur-
suant to Resolution X of 1984 approved by the members of the General
Assembly of Maryland representing Baltimore City), to issue and sell its cer-
tificates of indebtedness to an amount not exceeding Two Million Eive Hun-
dred Thousand Dollars ($2,500,000.00), the proceeds derived from the sale of
the same to be used for the cost of issuance, including the expense of engrav-
ing, printing, advertising, attorneys' fees, and all other incidental expenses
connected therewith, and the remainder of such proceeds shall be used for the
acquisition, by purchase, condemnation or any other legal means, of land or
property, or any rights therein, in the City of Baltimore, and constructing and
erercting on said land or property now or hereafter owned or controlled by the
Mayor and City Council of Baltimore new City Jail buildings, structures or
facilities and for additions and improvements to, or the reconstruction of, ex-
isting City Jail buildings, structures or facilities, and for the reconstruction,
renovation, modernization or improvement of any buildings, structures or
facilities now or hereafter owned or controlled by the Mayor and City Council
of Baltimore to be used or now being used for or in connection with the opera-
tions, functions and activities of the City Jail, and for acquiring and installing
equipment for any and all buildings, structures or facilities authorized to be
constructed, erected, improved, renovated, reconstructed, or modernized
under the provisons hereof; and for doing any and all things necessary, proper
or expedient in connection with or pertaining to any or all of the matters or
things hereinbefore mentioned; conferring and imposing upon the Board of
Finance of Baltimore City certain powers and duties; authorizing the submis-
sion of this Ordinance to the legal voters of the City of Baltimore, for their ap-
proval or disapproval, at the General Election to be held in Baltimore City on
Tuesday, the 6th day of November, 1984; and providing for the expenditure of
the proceeds of sale of said certificates of indebtedness in accordance with the
provisions of the Charter of the Mayor and City Council of Baltimore, and by
the Municipal Agency designated in the annual Ordinance of Estimates of the
Mayor and City Council of Baltimore.

Whlkeas, by Resolution X of 1984 approved by the Members of the General
Assembly of Maryland representing Baltimore City, the Mayor and City Council
of Baltimore is authorized to create a debt and to issue and sell its certificates of
indebtedness (hereinafter called "bonds") as evidence thereof, to an amount not
exceeding Two Million Five Hundred Thousand Dollars ($2,500,000.00) in the
manner and upon the terms set forth in said Resolution, the proceeds thereof,
not exceeding the par value of said certificates of indebtedness, to be used for
City Jail purposes, as authorized by said Resolution; and

Whlke.as, Funds are now needed for said purposes; therefore

Suction 1. Be it ordained by the Mayor and City Coiuicil of Baltimore, That
the Mayor and City Council of Baltimore, acting by and through the Board of

250 ORDINANCES Ord. No. 95

Finance of said municipality, be and it is hereby authorized and empowered to
issue bonds of the Mayor and City Council of Baltimore to an amount not ex-
ceeding Two Million Five Hundred Thousand Dollars ($2,500,000.00), from time
to time, as the same may be needed or required for the purposes hereinafter
named and said bonds shall be sold by said Board of Finance from time to time
and at such times as shall be requisite, and the proceeds derived from the sale of
said bonds shall be used for the purposes hereinafter named, provided that this
Ordinance shall not become effective unless it shall be approved by a majority of
the votes of the legal voters of Baltimore City cast at the time and place
hereinafter designated by this Ordinance.

Sec. 2. And be it further ordained, That:

(a) Said bonds shall be issued in denominations of not less than One Thousand
Dollars ($1,000.00) each, but may be in sums of One Thousand Dollars
($1,000.00). or any suitable multiple thereof.

(b) Said bonds, or any part thereof, shall be issued in accordance with a serial
maturity plan so worked out as to discharge the entire principal amount
represented thereby within not more than forty (40) years from the date of their
issuance; provided, however, that it shall not be necessary to provide for the
maturity of any part of the principal amount represented by any of said bonds for
the first five (5) years from the date of their issuance.

(c) Said bonds, when issued, shall bear interest at such rate or rates as may be
determined by a majority of the Board of F^inance by resolution at such time or
times when any of said bonds are issued, and such interest shall be payable semi-
annually.

Sec. 3. And be it further ordained, That a majority of the Board of Finance of
the Mayor and City Council of Baltimore be, and they are hereby, authorized to
pass a resolution or resolutions, from time to time, to determine and set forth
any or all of the following:

(a) The amount of debt to be incurred by the Mayor and City Council of
Baltimore at any particular time, and from time to time, under and pursuant to
the provisions of this ordinance; the date or dates when any bonds representing
said debt, or any part thereof, are to mature, and the amount or amounts of said
debt, or any part thereof, which shall mature upon the aforesaid date or dates;
and the semi-annual dates in each year, during the entire period of time when any
of said bonds are outstanding, when interest on any of said bonds shall be
payable.

(b) The form or forms of the bonds representing the debt, or any part thereof,
authorized to be issued under the provisions of this ordinance at any particular
time, including any interest coupons to be attached thereto; the provisions, if
any, for the issuance of coupon bonds; the provisions, if any, for the issuance of
fully registered bonds; the provisions, if any, for the registration as to principal
of any coupon bonds; and the provisions, if any, for the conversion and reconver-
sion into coupon bonds of any fully registered bonds or coupon bonds registered
as to principal; the place or places for the payment of principal and interest of

ORDINANCES 251

said bonds; and the date of said bonds issued at any particular time, and the right
of redemption of said bonds by the City prior to maturity; and

(c) The time, place, manner and medium of advertisement of the readiness of
the Board of Finance, acting for and on behalf of the Mayor and City Council of
Baltimore, to receive bids for the purchase of the bonds authorized to be issued
hereunder, or any part thereof; the form, terms and conditions of such bids; the
time, place, and manner of awarding bonds so bid for, including the right
whenever any of the bonds authorized by this Ordinance are offered for sale and
sold at the same time as other bonds of said City, to establish the conditions for
bids and awards and to award all of said bonds on an all or none basis; and the
time, place, terms and manner of settlement for the bonds so bid for.

Sec. 4. And be it further ordained, That:

(a) All premiums resulting from the sale of any of the bonds issued and sold
pursuant to the provisions of this Ordinance shall be applied first to defray the
cost of issuance thereof and the balance, if any, shall be applied to the payment of
interest on any of said bonds becoming due and payable during the fiscal year in
which said bonds are issued and sold or during the next succeeding fiscal year.

(b) The debt authorized by the provisions of this Ordinance, and the bonds
issued and sold pursuant thereto and their transfer, and the principal and in-
terest payable thereon (including any profit made in the sale thereof), shall be
and remain exempt from any and all State, county and municipal taxation in the
State of Maryland.

(c) All bonds issued and sold pursuant to the provisions of this Ordinance shall
be sold at public sale to the highest responsible bidder or bidders therefor after
due notice of such sale, but the Mayor and City Council of Baltimore, acting by
and through the Board of Finance thereof, shall have the right to reject any or all
bids therefor for any reason, and thereafter reoffer such bonds at public sale as
aforesaid or at private sale, provided that if such bonds be offered at private sale
they shall be offered for sale and sold for not less than par and accrued interest.

Stc. b.And be it further ordained, That until all of the interest on and principal
of any bonds issued pursuant to the provisions of this Ordinance have been paid
in full, the Mayor and City Council of Baltimore shall levy and impose an annual
tax on each One Hundred Dollars ($100.00) of assessable property in the City of
Baltimore at a rate sufficient to produce revenue to pay all interest on and prin-
cipal of all bonds theretofore issued and outstanding or authorized to be issued
and outstanding, payable in the next succeeding year.

Sec. 6. And be it further ordained. That this Ordinance shall be submitted to
the legal voters of the City of Baltimore, for their approval or disapproval, at the
General Election to be held in Baltimore City, on Tuesday, the 6th day of
November, 1984.

252 ORDINANCES Ord. No. 95

under the terms and provisions of this Ordinance, and the time when the election
hereinbefore mentioned is to be held; and such pubhc notice shall be given in such
manner and by such means or through such media and at such time or times as
may be determined, from time to time, by a majority of the Board of Finance.

Sec. 8. And be it further ordained, That the actual cash proceeds derived from
the sale of the bonds authorized to be issued under the provisions of this
Ordinance, not exceeding the par value thereof, shall be used exclusively for the
following purposes, to wit:

(a) So much thereof as may be necessary, in addition to the premiums realized
from the sale, if any, for the cost of issuance, including the expense of engraving,
printing, advertising, attorneys' fees, and all other incidental expenses con-
nected therewith; and

(b) The remainder of such proceeds shall be used for the acquisitions, by pur-
chase, condemnation or any other legal means, of land or property, or any rights
therein, in the City of Baltimore, and constructing and erecting on said land or
property now or hereafter owned or controlled by the Mayor and City Council of
Baltimore new City Jail buildings, structures or facilities and for additions and
improvements to, or the reconstruction of, existing City Jail buildings, struc-
tures or facilities, and for the reconstruction, renovation, modernization or im-
provement of any buildings, structures or facilities now or hereafter owned or
controlled by the Mayor and City Council of Baltimore to be used or now being
used for or in connection with the operations, functions and activities of the City
Jail; and for acquiring and installing equipment for any and all buildings, struc-
tures or facilities authorized to be constructed, erected, improved, renovated,
reconstructed, or modernized under the provisions hereof; and for doing any and
all things necessary, proper or expedient in connection with or pertaining to any
or all of the matters or things hereinbefore mentioned.

Sec. 9. And be it further ordained, That the expenditure of the proceeds de-
rived from the sale of the bonds authorized to be issued under the provisions of
this Ordinance shall be in accordance with the provisions of the Charter of the
Mayor and City Council of Baltimore, and by the municipal agency desigriated in
the annual Ordinance of Estimates of the Mayor and City Council of Baltimore.

Approved June 15, 1984

WILLIAM DONALD SCHAEFER, Mayor.

ORDINANCES 253

No. 96
(Council No. 252)

AN ORDINANCE concerning

SUPPLEMENTARY APPROPRIATION -PARKING FACILITY

TO BE LOCATED NEAR THE CORNER OF PRATT AND

CALVERT STREETS

FOR the purpose of providing a supplementary special fund appropriation in the
maximum amount of Twenty S ev e n EIGHT Million Five Hundred Thousand
Dollars ( $27,500,000 $28,500,000) to the Off-Street Parking Commission to be
used for the purpose of establishing, constructing, erecting, altering, expand-
ing, enlarging, improving, equipping, repairing, maintaining, operating, con-
trolling and regulating off-street parking facilities to be located on a parcel of
land bounded by Pratt Street, Calvert Street, Lombard Street and South
Street in Baltimore City.

BY authority of

Article VI -Board of Estimates

Section 2(hX3)

Baltimore City Charter (1964 Revision, as amended)

RECITALS

Article XI -C, Section 3, of the Constitution of the State of Maryland, Article II,
subsection (20Xc), of the Charter of Baltimore City, 1964 Revision, as amended,
and Ordinance No. 998 (Bill No. 1602), passed by the City Council on June 30,
1983 and approved by the Mayor on June 30, 1983 (the "Ordinance"), provide for
the issuance from time to time by Mayor and City Council of Baltimore (the
"City") of its revenue bonds, notes or other obligations (including bond anticipa-
tion notes) for the purpose of providing off-street parking facilities within the
geographical limits of the City.

The money appropriated by this Ordinance represents the proceeds from the
sale of a series of such bonds, notes or other obligations (the "Bonds") in the
maximum principal amount of $27,500,000 $28,500,000 to be made available to
the City on the date of issuance of the Bonds.

The sum appropriated by this Ordinance is for a new program which could not
reasonably be anticipated at the time of formulation of the proposed Ordinance
of Estimates for the 1984 fiscal year, in accordance with Article VI, Section
2(hX3). of said Charter.

The supplementary special fund appropriation made available by this Ordi-
nance has been recommended to the City Council by the Board of Estimates at a
regular meeting of said Board, all in accordance with Article VI, Section 2(hX3),
of the Baltimore City Charter (1964 Revision, as amended).

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That,
under the provisions of Article VI, Section 2(hX3), of the 1964 Revision of the

254 ORDINANCES Ord. No. 96

Charter of Baltimore City, the sum of up to Twenty Seven EIGHT Million Five
Hundred Thousand Dollars ( $27,500,000 $28,500,000) shall be made available to
the Off-Street Parking Commission of the City of Baltimore as a supplementary
special fund appropriation for the fiscal year ending June 30, 1984 for the pur-
pose of establishing, constructing, erecting, altering, expanding, enlarging, im-
proving, equipping, repairing, maintaining, operating, controlling and regulating
certain off-street parking facilities to be located on a parcel of land bounded by
Pratt Street, Calvert Street, Lombard Street and South Street in Baltimore City
and consisting (by way of general description and not limitation) of a multi-level
parking facility containing approximately 1,200 parking spaces, including
(without limitation) any interests in land necessary or desirable for such facility
(the "Facilities"). The exact amount to be made available to the Off-Street Park-
ing Commission pursuant to this Ordinance shall be equal to the aggregate prin-
cipal amount of the Bonds issued by the City, acting through the Board of
Finance in accordance with the Ordinance, in order to finance the Facilities and
provide for such other costs in connection with the Facilities or the issuance, sale
and delivery of the Bonds as the Board of Finance may determine in accordance
with the Ordinance. The Bonds shall not be sold and issued, and such amounts
shall not be made available, until an ordinance has been passed by the City
amending the Ordinance to provide that the maximum aggregate principal
amount of Revenue Obligations (as such term is defined in the Ordinance)
authorized to be issued, sold and delivered thereunder is at least Fifty Seven
Million Five Hundred Thousand Dollars ($57,500,000). The amount made
available hereunder as a supplementry special fund appropriation shall be ex-
pended from the proceeds of the sale of the Bonds received by the City on the
date of issuance of the Bonds; and said amount shall be the source of revenue for
the supplementary special fund appropriation, as required by Article VI, Section
2, of the Baltimore City Charter (1964 Revision, as amended).

Sec. 2. And be it further ordained. That this ordinance shall take effect from
the date of its passage.

Approved June 15, 1984

WILLIAM DONALD SCHAEFER. Mayor.

ORDINANCES 255

No. 97
(Council No. 311)

AN ORDINANCE concerning

ISSUANCE OF CONSOLIDATED BOND ANTICIPATION NOTES

FOR the purpose of amending the provisions of Ordinance 937, approved May 5,
1983 to increase the nnaximum amount of Consolidated Bond Anticipation
Notes that can be outstanding at one time.

BY repealing and reordaining with amendments
Ordinance 937

Approved by the Mayor: May 5, 1983
The purpose paragraph of the Title and Section 2

Whereas, Ordinance 633, approved May 7, 1982, provided for the authoriza-
tion and issuance by the Mayor and City Council of Consolidated Bond Anticipa-
tion Notes and Consolidated Bond Anticipation Refunding Notes in order to use
the proceeds io)r the stated public purposes; and

Whereas, Ordinance 937, approved May 5, 1983, amended Ordinance 633 of

1982 by adding the loan authorizations that were approved by the voters in the
general election held November 4, 1982; and

Whereas, Ordinance 69, approved May 14, 1984, amended Ordinance 937 of

1983 by adding loan authorizations approved by the voters on November 8, 1983;
and

Whereas, This ordinance increases the maximum amount of Consolidated
Bond Authorization Notes that can be outstanding at one time; now, therefore,

Sectio.n 1. Be it ordained by the Mayor and City Council of Baltimore, That
Ordinance 937 of the Mayor and City Council of Baltimore, entitled "Issuance of
Consolidated Bond Anticipation Notes", and approved by the Mayor on May 5,
1983, be and it is repealed and reordained to read as follows:

"AN ORDINANCE concerning

ISSUANCE OF CONSOLIDATED BOND ANTICIPATION NOTES

FOR the purpose of authorizing and providing for the issuance, from time to time
by the Mayor and City Council of Baltimore (the "City") of its bond anticipation
notes, designated "Consolidated Bond Anticipation Notes," and its bond an-
ticipation refunding notes, designated "Consolidated Bond Anticipation
Refunding Notes," in an aggregate principal amount not exceeding that per-
mitted by the Bond Acts (defined below), but not outstanding at any one time
in excess of [fifty million dollars ($50,000,000)) seventy-five million dollars
($75,000,000) pursuant to the provisions of Sections 12 and 24 of Article 31 of
the Annotated Code of Maryland (1976 Replacement Volume and 1981
Cumulative Supplement) and in accordance with the general obligation bond

256 ORDINANCES Ord. No. 97

authority set forth in (i) Chapter 140 of the Laws of Maryland of 1972, and
Ordinance No. 110 of the City, approved by the Mayor on June 29, 1972, (ii)
Chapter 467 of the Laws of Maryland of 1975, and Ordinance No. 74 of the
City approved by the Mayor on June 16, 1976, (iii) Chapter 16 of the Laws of
Maryland of 1980, and Ordinance No. 81 of the City approved by the Mayor on
June 9, 1980, (iv) Chapter 12 of the Laws of Maryland of 1982, and Ordinance
677 of the City, approved by the Mayor on June 23, 1982, (v) Chapter 348 of
the Laws of Maryland of 1975, and Ordinance 900 of the City, approved by the
Mayor on June 13, 1975, (vi) Chapter 209 of the Laws of Maryland of 1976,
and Ordinance No. 76 of the City, approved by the Mayor on June 16, 1976,
(vii) Chapter 7 of the Laws of Maryland of 1982, and Ordinance 678 of the
City, approved by the Mayor on June 23, 1982, (viii) Chapter 8 of the Laws of
Maryland of 1982, and Ordinance 680 of the City, approved by the Mayor on
June 23, 1982, (ix) Chapter 560 of the Laws of Maryland of 1968, and
Ordinance No. 151 of the City, approved by the Mayor on June 28, 1968, (x)
Chapter 9 of the Laws of Maryland of 1982, and Ordinance 679 of the City ap-
proved by the Mayor on June 23, 1982, (xi) Chapter 9 of the Laws of Maryland
of 1979, and Ordinance No. 1031, approved by the Mayor on May 24, 1979,
(xii) Chapter 134 of the Laws of Maryland of 1980, and Ordinance No. 82 of
the City, approved by the Mayor on June 9, 1980, (xiii) Chapter 15 of the Laws
of Maryland of 1979, and Ordinance No. 1037 of the City, approved by the
Mayor on May 24, 1979, (xiv) Chapter 35 of the Laws of Maryland of 1980, and
Ordinance No. 93 of the City, approved by the Mayor on June 12, 1980, (xv)
Chapter 16 of the Laws of Maryland of 1979, and Ordinance No. 1038 of the
City, approved by the Mayor on May 24, 1979, (xvi) Chapter 10 of the Laws of
Maryland of 1982, and Ordinance 729 of the City, approved by the Mayor on
June 29, 1982, (xvii) Chapter 130 of the Laws of Maryland of 1978, and
Ordinance No. 791 of the City, approved by the Mayor on June 26, 1978, (xviii)
Chapter 17 of the Laws of Maryland of 1979, and Ordinance No. 1039 of the
City, approved by the Mayor on May 24, 1979, (xix) Chapter 14 of the Laws of
Maryland of 1980, and Ordinance No. 83 of the City, approved by the Mayor
on June 9, 1980, (xx) Chapter 13 of the Laws of Maryland of 1982, and
Ordinance No. 730 of the City, approved by the Mayor on June 29, 1982, (xxi)
Chapter 20 of the Laws of Maryland of 1980, and Ordinance No. 79 of the City,
approved by the Mayor on June 9, 1980, (xxii) Chapter 463 of the Laws of
Maryland of 1975, and Ordinance No. 899 of the City, approved by the Mayor
on June 13, 1975, (xxiii) Chapter 11 of the Laws of Maryland of 1979, and
Ordinance No. 1033 of the City, approved by the Mayor on May 24, 1979,
(xxiv) Chapter 17 of the Laws of Maryland of 1980, and Ordinance No. 76 of
the City, approved by the Mayor on June 9, 1980, (xxv) Chapter 14 of the
Laws of Maryland of 1979, and Ordinance No. 1036 of the City, approved by
the Mayor on May 24, 1979, (xxvi) Chapter 18 of the Laws of Maryland of
1980, and Ordinance No. 80 of the City, approved by the Mayor on June 9,
1980, (xxvii) Chapter 11 of the Laws of Maryland of 1982, and Ordinance No.
681 of the City, approved by the Mayor on June 23, 1982, (xxviii) Chapter 15 of
the Laws of Maryland of 1980, and Ordinance No. 75 of the City, approved by
the Mayor on June 9, 1980, (xxix) Chapter 6 of the Laws of Maryland of 1982,
and Ordinance No. 728 of the City, approved by the Mayor on June 9, 1982,
(xxx) Chapter 128 of the Laws of Maryland of 1971. and Ordinance No. 1098 of

ORDINANCES 257

the City, approved by the Mayor on June 29, 1971, and (xxxi) Chapter 73 of
the Laws of Maryland of 1978 and Ordinance No. 785 of the City, approved by
the Mayor on June 26, 1978, (the "Bond Acts") in order to use the proceeds for
the public purposes of (a) funding the purposes or uses set forth in the Bond
Acts; (b) funding up to twelve (12) months capitalized interest on the notes
(unless a longer period is allowed by law, in which case funding such interest
up to the period permitted by law); (c) refunding and refinancing such notes as
they mature or are redeemed; and (d) paying the costs of issuance of such
notes; authorizing the use of obligations in the nature of commercial paper or
demand notes and letters of credit or related instruments; prescribing the
form and tenor of the notes and determining certain other matters relating to
the issuance and sale thereof; providing that certain matters pertaining to the
notes, including (without limitation) the amounts and dates of any series,
maturity or maturities, method of competitive sale, if any, interest rate or
rates, redemption provisions, if any, and the period, if any, during which in-
terest will be capitalized, shall be determined administratively at or prior to
the time of the sale of any series of such notes by resolution of the Board of
Finance of the City; providing for the private (negotiated) sale of such notes
or, upon certain findings and determinations by the Board of Finance, for the
competitive sale of all or part of such notes; providing for the disbursement of
the proceeds of such notes; providing for the payment of such notes from
refunding notes or from the first proceeds of bonds to be issued on the full
faith and credit of the City in an amount necessary, together with any other
available funds, to provide for the payment of the principal of and interest on
such notes at maturity; convenanting to issue general obligation bonds when,
and as soon as, the reason for deferring the issuance thereof no longer exists;
covenanting (in the event general obligation bonds are not issued to pay the
principal of and interest on the notes when due) to levy and collect all taxes
necessary to provide for the payment of the principal of and interest on such
notes; providing that the proceeds of such notes, or any monies which may be
deemed to be proceeds, will not be used in a manner which would cause such
notes to be arbitrage notes; authorizing the Board of Finance and the Director
of Finance to make certain alterations in the form and tenor of the notes upon
certain conditions; providing that the Board of Finance may determine by
resolution or other appropriate action certain other matters pertaining to the
issuance, sale or delivery of any series of such notes; and generally relating to
the issuance, sale, and delivery and payment of all such notes.

Sec. 2. And be it further ordained, That the issuance, sale and delivery of an
amount not exceeding that permitted by the Bond Anticipation Note Act, the
Refunding Bond Enabling Act and the Bond Acts, but not outstanding at any
one time in excess of (fifty million dollars ($50,000,000)] seventy-five rnillicm
dollars ($75,000,000), aggregate principal amount of notes or refunding notes,
hereby designated "Consolidated Bond Anticipation Notes" or "Consolidated
Bond Anticipation Refunding Notes" (the "Notes") is hereby authorized, sub-
ject to the provisions of this Ordinance. The Notes may be issued in one or
more series, and each such series shall be identified by a designation by year
and by letter so that, for example, the first series (if issued in 1982 and if the

258 ORDINANCES Ord. No. 98

issuance of more than one series of notes hereunder is then contemplated)
shall be designated "Consolidated Bond Anticipation Notes- 1982 Series A".
The aggregate principal amount of Notes to be issued pursuant to this
ordinance at any one time shall be determined by the Board of Finance by
resolution adopted prior to the delivery of the Notes."

Sec. 3. And be it further ordained, That this ordinance shall take effect from
the date of its passage.

Approved June 18, 1984

WILLIAM DONALD SCHAEFER. Mayor.

No. 98
(Council No. 225)

AN ORDINANCE concerning

BOND ISSUE -ECONOMIC DEVELOPMENT LOAN

FOR the purpose of authorizing the Mayor and City Council of Baltimore (Pur-
suant to Resolution XI of 1984 approved by the Members of the General
Assembly of Maryland representating Baltimore City), to issue and sell its cer-
tificates of indebtedness to an amount not exceeding Nine Million Five Hun-
dred Thousand Dollars ($9,500,000.00), the proceeds derived from the sale of
the same to be used for the cost of issuance, including the expense of engrav-
ing, printing, advertising, attorney's fees, and all other incidental expenses
connected therewith, and the remainder of such proceeds shall be used for or
in connection with planning, developing, executing, and making operative the
commercial and industrial economic development program of the Mayor and
City Council of Baltimore, including, but not limited to, the acquisition, by pur-
chase, lease, condemnation or any other legal means, of land or property, or
any right, interest, franchise, easement or privilege therein, in the City of
Baltimore; the payment of any and all costs and expenses incurred in connec-
tion with or incidental to the acquisition and management of said land or prop-

ORDINANCES 259

erty, including any and all rights or interest therein hereinbefore mentioned;
the payment of any and all costs and expenses incurred for or in connection
with relocating and moving persons or other legal entities displaced by the ac-
quisition of said land or property, or any of the rights or interests therein
hereinbefore mentioned; the development, or redevelopment, including, but
not limited to, the comprehensive renovation or rehabilitation of any land or
property, or any rights or interests therein hereinbefore mentioned, in the
City of Baltimore, and the disposition of land and property for such purposes;
the elimination of unhealthful, unsanitary or unsafe conditions, lessening
denisty, eliminating obsolete or other uses detrimental to the public welfare or
otherwise removing or preventing the spread of blight or deterioration in the
City of Baltimore; the demolition, removal, relocation, renovation or altera-
tion of land, buildings, streets, highways, alleys, utilities or services, and other
structures or improvements, and for the construction, reconstruction, installa-
tion, relocation or repair of buildings, streets, highways, alleys, utilities or
services, and other structures or improvements; the planning, developing, ex-
ecuting, and making operative the enterprise development program of the
Mayor and City Council of Baltimore, for purposes of making equity in-
vestments in, and loans and loan guarantees to, enterprises, including any in-
dividual, partnership, corporation, joint venture, or other entity, carrying on
business, or proposing to carry on business within the City of Baltimore, to be
used for or in connection with the financing, developing, operating and ad-
ministering of such enterprises; the payment of any and all costs and expenses
incurred for or in connection with doing any or all of the things herein men-
tioned, including, but not limited to, the costs and expenses of securing ad-
ministrative, appraisal, economic analysis, engineering, planning, designing,
architectural, surveying, and other professional services; and doing any and all
things necessary, proper or expedient in connection with or pertaining to any
or all of the matters or things hereinbefore mentioned; lirniting th e us e of th e
p r oceeda of th e sal e of th e bunds to e xp e tftjitur e s for capita l itup r ov e m e nt proj -
e cls having an e stimat e d s e rvi ce lif e of not l e ss than fift ee n (15) y e ars, and
p r oviding that such proc ee ds shall not b e us e d for curr e nt op er ating e xp e ns e s
of th e City; conferring and imposing upon the Board of Finance of Baltimore
City certain powers and duties; authorizing the submission of th s Ordinance
to the legal voters of the City of Baltimore, for their approval or disapproval,
at the General Election to be held in Baltimore City on Tuesday, the 6th day of
November, 1984 and providing for the expenditure of the proceeds of sale of
said certificates of indebtedness in accordance with the provisions of the
Charter of the Mayor and City Council of Baltimore, and by the municipal
agency designated in the annual Ordinance of Estimates of the Mayor and City
Council of Baltimore.

Whereas, by Resolution XI of 1984 of the Members of the General Assembly
of Maryland representing Baltimore City, the Mayor and City Council of
Baltimore is authorized to create a debt and to issue and sell its certificates of in-
debtedness (hereinafter called '"bonds") as evidence thereof, to an amount not ex-
ceeding Nine Million Five Hundred Thousand Dollars ($9,500,000.00) in the man-
ner and upon the terms set forth in said Resolution, the proceeds thereof, not ex-
ceeding the par value of said certificates of indebtedness, to be used for or in con-
nection with the commercial and industrial Economic Development Program of
the City of Baltimore; and

260 ORDINANCES Ord. No. 98

Whereas, Funds are now needed for said purposes; therefore

Section \. Be it ordained by the Mayor and City Council of Baltimore, That
the Mayor and City Council of Baltimore, acting by and through the Board of
Finance of said municipaHty, be and it is hereby authorized and empowered to
issue bonds of the Mayor and City Council of Baltimore to an amount not ex-
ceeding Nine Million Five Hundred Thousand Dollars ($9,500,000.00), from time
to time, as the same may be needed or required for the purposes hereinafter
named and said bonds shall be sold by said Board of Finance from time to time
and at such times as shall be requisite, and the proceeds derived from the sale of
said bonds shall be used for the purposes hereinafter named, provided that this
Ordinance shall not become effective unless it shall be approved by a majority of
the votes of the legal voters of Baltimore City cast at the time and place
hereinafter designated by this Ordinance.

Sec. 2, And be it further ordained, That:

(a) Said bonds shall be issued in denominations of not less than One Thousand
Dollars ($1,000.00) each, but may be in sums of One Thousand Dollars
($1,000.00), or any suitable multiple thereof.

(c) Said bonds, when issued, shall bear interest at such rate or rates as may be
determined by a majority of the Board of Finance by resolution at such time or
times when any of said bonds are issued, and such interest shall be payable semi-
annually.

ORDINANCES 261

any, for the issuance of coupon bonds; the provisions, if any, for the issuance of
fully registered bonds; the provisions, if any, for the registration as to principal
of any coupon bonds; and the provisions, if any, for the conversion and reconver-
sion into coupon bonds of any fully registered bonds or coupon bonds registered
as to principal; the place or places for the payment of principal and interest of
said bonds; and the date of said bonds issued at any particular time, and the right
of redemption of said bonds by the City prior to maturity; and

(c) The time, place, manner and medium of advertisement of the readiness of
the Board of Finance, acting for and on behalf of the Mayor and City Council of
Baltimore, to receive bids for the purchase of the bonds authorized to be issued
hereunder, or any part thereof; the form, terms and conditions of such bids; the
time, place and manner of awarding bonds so bid for, including the right
whenever any of the bonds authorized by this Ordinance are offered for sale and
sold at the same time as other bonds of said City, to establish the conditions for
bids and awards and to award all of said bonds on an all or none basis; and the
time, place, terms and manner of settlement for the bonds so bid for.

Stc. 4. And be it further ordained, That:

Skc. 5. And be it further ordained, That until all of the interest on and principal
of any bonds issued pursuant to the provisions of this Ordinance have been paid
in full, the Mayor and City Council of Baltimore shall levy and impose an annual
tax on each One Hundred Dollars ($100.00) of assessable property in the City of
Baltimore at a rale sufficient to produce revenue to pay all interest on and prin-
cipal of all bonds theretofore issued and outstanding or authorized to be issued
and outstanding, payable in the next succeeding year.

Stc . 6. And be it further ordained. That this Ordinance shall be submitted to
the legal voters of the City of Baltimore, for their approval or disapproval, at the
General Election to be held in Baltimore City, on Tuesday, the 6th day of
November. 1984.

262 ORDINANCES Ord. No. 98

Sec. 7. And be it further ordained, That prior to the date of the election
hereinbefore mentioned, notice shall be given to the public of the amount of
money which the Mayor and City Council of Baltimore is authorized to borrow,
and the general purposes for which such borrowed funds may be expended,
under the terms and provisions of this Ordinance, and the time when the election
hereinbefore mentioned is to be held; and such public notice shall be given in such
manner and by such means or through such media and at such time or times as
may be determined, from time to time, by a majority of the Board of Finance.

Sec. 8. And be it further ordained. That the actual cash proceeds derived from
the sale of the bonds authorized to be issued under the provisions of this
Ordinance, not exceeding the par value thereof, shall be used exclusively for the
following purposes, to wit:

(b) The remainder of such proceeds shall be used for or in connection with plan-
ning, developing, executing and making operative the commercial and industrial
Economic Development Program of the Mayor and City Council of Baltimore, in-
cluding, but not limited to:

(i) The acquisition, by purchase, lease, condemnation, or any other legal
means, of land or property, or any right, interest, franchise, easement or
privilege therein, in the City of Baltimore;

(ii) The payment of any and all costs and expenses incurred in connection
with or incidental to the acquisition and management of said land or property, in-
cluding any and all rights or interest therein hereinbefore mentioned;

(iii) The payment of any and all costs and expenses incurred for or in con-
nection with relocating and moving persons or other legal entities displaced by
the acquisition of said land or property, or any of the rights or interests therein
hereinbefore mentioned;

(iv) The development or redevelopment, including, but not limited to, the
comprehensive renovation or rehabilitation of any land or property, or any rights
or interests therein hereinbefore mentioned, in the City of Baltimore, and the
disposition of land and property for such purposes;

(v) The elimination of unhealthfuJ, unsanitary or unsafe conditions, lessen-
ing density, eliminating obsolete or other uses detrimental to the public welfare
or otherwise removing or preventing the spread of blight or deterioration in the
City of Baltimore;

(vi) The demolition, removal, relocation, renovation or alteration of land,
buildings, streets, highways, alleys, utilities or services, and other structures or
improvements, and for the construction, reconstruction, installation, relocation
or repair of buildings, streets, highways, alleys, utilities or services, and other
structures or improvements;

ORDINANCES 263

(vii) The planning, developing, executing, and making operative the enter-
prise development program of the Mayor and City Council of Baltimore, for pur-
poses of making equity investments in, and loans and loan guarantees to, enter-
prises, including any individual, partnership, corporation, joint venture, or other
entity, carrying on business, or proposing to carry on business within the City of
Baltimore, to be used for or in connection with the financing, developing,
operating and administering of such enterprises.

(viii) The payment of any and all costs and expenses incurred for or in con-
nection with doing any or all of the things herein mentioned, including, but not
limited to, the costs and expenses of securing administrative, appraisal,
economic analysis, engineering, planning, designing, architectural, surveying
and other professional services; and

(ix) Doing any and all things necessary, proper or expedient in connection
with or pertaining to any or all of the matters or things hereinbefore mentioned.

All of such land or property shall be acquired, developed, redeveloped,
renovated, rehabilitated, altered, improved, held or disposed of, as provided by
law.

(c) Th e us e of the proc ee da of th e sal e of th e bonds shall b e limit e d to e xp e ndi -
tur e s fu r cap i tal improv e m e nt proj t? ct3 having an e stimat e d s e rvic e lif e of not
l e ss than fift ee n (15) y e ars, and providing that such proc ee ds shall not b e us e d for
curr e nt op e rating e xp e ns e s of th e City.

Sec. 9. And be it further ordained, That the expenditure of the proceeds de-
rived from the sale of the bonds authorized to be issued under the provisions of
this Ordinance shall be in accordance with the provisions of the Charter of the
Mayor and City Council of Baltimore, and by the municipal agency desigiiated in
the annual Ordinance of Estimates of the Mayor and City Council of Baltimore.

Approved June 19, 1984

WILLIAM DONALD SCHAEFER, Mayor.

264 ORDINANCES Ord. No. 99

No. 99
(Council No. 226)

AN ORDINANCE concerning

BOND ISSUE-MUSEUM LOAN

FOR the purpose of authorizing the Mayor and City Council of Baltimore (pur-
suant to Resolution VIII of 1984 of the Members of the General Assembly of
Maryland representing Baltimore City), to issue and sell its certificates of in-
debtedness to an amount not exceeding Four Million Nine Hundred Thousand
Dollars ($4,900,000.00), the proceeds derived from the sale of the same to be
used for the cost of issuance, including the expense of engraving, printing,
advertising, attorneys' fees, and all other incidental expenses connected
therewith, and the remainder of such proceeds shall be used for the acquisi-
tion, by purchase, condemnation, or any other legal means, of land or proper-
ty, or any rights therein, in the City of Baltimore, and for constructing and
erecting, on said land or property, or on any land or property now or hereafter
owned by the Mayor and City Council of Baltimore, or on any land or property
now or hereafter owned or controlled by any private, public or quasi-public
corporation, partnership, association, person or other legal entity, new
buildings, structures, or other auxiliary facilities to be or now being used for or
in connection with the operations, functions and activities of the Baltimore
Museum of Art, the Walters Art Gallery, the Science Center and the Municipal
(Peale) Museum, and for additions and improvements to, and the renovation,
rehabilitation, modernization, and reconstruction of the Baltimore Museum of
Art, the Walters Art Gallery, the Science Center and the Municipal (Peale)
Museum; and for acquiring and installing equipment for any and all buildings,
structures or facilities authorized to be constructed, erected, improved,
renovated or modernized under the provisions hereof, and for doing any and
all things necessary, proper or expedient in connection with or pertaining to
any and all of the matters or things hereinbefore mentioned including, but not
limited to, the costs of securing administrative, appraisal, economic analysis,
engineering, planning, designing, architectural surveying, and other profes-
sional services; to confer and impose upon the Board of Finance of Baltimore
City certain powers and duties; to authorize the submission of this Ordinance
to the legal voters of the City of Baltimore, for their approval or disapproval,
at the General Election to be held in Baltimore City on Tuesday, the 6th day of
November, 1984 and providing for the expenditure of the proceeds of sale of
said certificates of indebtedness in accordance with the provisions of the
Charter of the Mayor and City Council of Baltimore, and by the municipal
agency designated in the annual Ordinance of Estimates of the Mayor and City
Council of Baltimore.

Whekeas, by Resolution VIII of 1984 approved by the Members of the General
Assembly of Maryland representing Baltimore City, the Mayor and City Council
of Baltimore is authorized to create a debt and to issue and sell its certificates of
indebtedness (hereinafter called "bonds") as evidence thereof, to an amount not
exceeding Four Million Nine Hundred Thousand Dollars ($4,900,000.00) in the

ORDINANCES 265

manner and upon the terms set forth in said Resolution, the net cash proceeds
derived from the sale of said bonds, not exceeding the par value of said bonds, to
be used for Museum purposes as authorized by said Resolution; and

Whereas, Funds are now needed for said purposes; therefore

Section \. Be it ordained by the Mayor and City Council of Baltimore, That
the Mayor and City Council of Baltimore, acting by and through the Board of
Finance of said municipality, be and it is hereby authorized and empowered to
issue bonds of the Mayor and City Council of Baltimore to an amount not ex-
ceeding Four Million Nine Hundred Thousand Dollars ($4,900,000.00), from time
to time, as the same may be needed or required for the purposes hereinafter
named and said bonds shall be sold by said Board of Finance from time to time
and at such times as shall be requisite, and the proceeds derived from t^e sale of
said bonds shall be used for the purposes hereinafter named, provided that this
Ordinance shall not become effective unless it shall be approved by a majority of
the votes of the legal voters of Baltimore City cast at the time and place
hereinafter designated by this Ordinance.

Sec. 2. And be it further ordained, That:

(a) Said bonds shall be issued in denominations of not less than One Thousand
Dollars ($1,000.00) each, but may be in sums of One Thousand Dollars
($1,000.00). or any suitable multiple thereof.

Sec. 3. And be it further ordained, That a majority of the Board of Finance of
the Mayor and City Council of Baltimore be, and they are hereby, authorized to
pass a resolution or resolutions, from time to lime, to determine and set forth
any or all of the following:

(a) The amount of debt to be incurred by the Mayor and City Council of
Baltimore at any particular time, and from lime to time, under and pursuant to
the provisions of this Ordinance; the date or daces when any bonds representing
said debt, or any part thereof, are to mature, and the amount or amounts of said
debt, or any part thereof, which shall mature upon the aforesaid date or dates;
and the semi-annual dates in each year, during the entire period of time when any
of said bonds are outstanding, when interest on any of said bonds shall be
payable.

266 ORDINANCES Ord. No. 99

(b) The form or forms of the bonds representing the debt, or any part thereof,
authorized to be issued under the provisions of this Ordinance at any particular
time, including any interest coupons to be attached thereto; the provisions, if
any, for the issuance of coupon bonds; the provisions, if any, for the issuance of
fully registered bonds; the provisions, if any, for the registration as to principal
of any coupon bonds; and the provisions, if any, for the conversion and reconver-
sion into coupon bonds of any fully registered bonds or coupon bonds registered
as to principal; the place or places for the payment of principal and interest of
said bonds; and the date of said bonds issued at any particular time, and the right
of redemption of said bonds by the City prior to maturity; and

(c) The time, place, manner and medium of advertisement of the readiness of
the Board of Finance, acting for and on behalf of the Mayor and City Council of
Baltimore, to receive bids for the purchase of the bonds authorized to be issued
hereunder, or any part thereof; the form, terms and conditions of such bids; the
time, place and manner of awarding bonds so bid for, including the right
whenever any of the bonds authorized by this Ordinance are offered for sale and
sold at the same time as other bonds of said City, to establish the conditions for
bids and awards and to award all of said bonds on an all or none basis; and the
time, place, terms and manner of settlement for the bonds so bid for.

Sec, 4. And be it further ordained, That:

Sec. 5. Ayid be it further ordained, That until all of the interest on and principal
of any bonds issued pursuant to the provisions of this Ordinance have been paid
in full, the Mayor and City Council of Baltimore shall levy and impose an annual
tax on each One Hundred Dollars ($100.00) of assessable property in the City of
Baltimore at a rate sufficient to produce revenue to pay all interest on and prin-
cipal of all bonds theretofore issued and outstanding or authorized to be issued
and outstanding, payable in the next succeeding year.

Sec. 6. And be it further ordained, That this Ordinance shall be submitted to
the legal voters of the City of Baltimore, for their approval or disapproval, at the

ORDINANCES 267

General Election to be held in Baltimore City, on Tuesday, the 6th day of
November, 1984.

(b) The remainder of such proceeds shall be used for the acquisition, by pur-
chase, condemnation or any other legal means, of land or property, or any rights
therein, in the City of Baltimore, and for constructing and erecting, on said land
or property, or on any land or property now or hereafter owned by the Mayor
and City Council of Baltimore, or on any land or property now or hereafter
owned or controlled by any private, public or quasi-public corporation, partner-
ship, association, person or other legal entity, new buildings, structures, or other
auxiliary facilities to be or now being used for or in connection with the opera-
tions, functions and activities of the Baltimore Museum of Art, the Walters Art
Gallery, the Science Center and the Municipal (Peale) Museum, and for additions
and improvements to, and the renovation, rehabilitation, modernization, and
reconstruction of the Baltimore Museum of Art, the Walters Art Gallery, the
Science Center and the Municipal (Peale) Museum; and for acquiring and install-
ing equipment for any and all buildings, structures or facilities authorized to be
constructed, erected, improved, renovated or modernized under the provisions
hereof, and for doing any and all things necessary, proper or expedient in connec-
tion with or pertaining to any and all of the matters or things hereinbefore men-
tioned including, but not limited to, the costs of securing administrative, ap-
praisal, economic analysis, engineering, planning, designing, architectural
surveying, and other professional services.

Sec. 9. And be it further ordained, That the expenditure of the pr(x.'eeds de-
rived from the sale of the bonds authorized to be issued under the provisions of
this Ordinance shall be in accordance with the provisions of the Charter of the
Mayor and City Council of Baltimore, and by the municipal agency designated in
the annual Ordinance of Estimates of the Mayor and City Council of Baltimore.

Approved June 19. 1984

WILLIAM DONALD SCHAEFER. Mayor.

268 ORDINANCES Ord. No. 100

No. 100

(Council No. 250)

AN ORDINANCE concerning

URBAN RENEWAL-MARKET CENTER WEST-
URBAN RENEWAL PLAN

FOR the purpose of deleting a tract of land from the Orchard-Biddle Urban
Renewal Area, designating it as Market Center West, and approving a
Renewal Plan for Market Center West, generally bounded by Franklin Street
on the north, Martin Luther King, Jr. Boulevard on the west, Baltimore and
Fayette Streets on the south, and Greene and Paca Streets on the east, to
among other things, authorize the acquisition of certain properties by pur-
chase or by condemnation; designate permitted land uses; provide for review
and approval of all plans for construction/rehabilitationychange in use by the
Department of Housing and Community Development; establish procedures
for the issuance and denial of demolition permits; establish property
rehabilitation standards; establish deadlines for compliance with and penalties
for violating these property rehabilitation standards; prohibit discrimination
in the sale, lease, use or occupancy of property by developers; approve regula-
tions applicable to land to be acquired by the City; create certain disposition
lots; waive such requirements, if any, as to content or procedure for the
preparation, adoption and approval of Renewal Plans as set forth in Article 13
of the Baltimore City Code which the Renewal Plan for Market Center West
may not meet; provide for the separability of the various parts and applica-
tions of this Ordinance; provide that where the provisions of this Ordinance
shall conflict with any other public laws, the provision which establishes the
higher standard shall prevail; and provide for the effective date hereof.

Whereas, it is necessary and desirable to delete the southern portion from the
Orchard-Biddle Urban Renewal Area, said portion being generally bounded by
Franklin Street on the north, Martin Luther King, Jr. Boulevard on the west,
Baltimore and Fayette Streets on the south, and Greene and Paca Streets on the
east and to designate this area as a separate Urban Renewal Project to be known
as "Market Center West"; and

Whereas, the Department of Housing and Community Development has
prepared a Renewal Plan for Market Center West, consisting of a cover page, a
table of contents, fourteen (14) pages of text, an Appendix containing Property
Rehabilitation Standards, and seven (7) exhibits; and

Whereas, the Renewal Plan for Market Center West was approved by the
Director of the Department of Planning with respect to its conformity as to the
Master Plan, the detailed location of any public improvements proposed in the
Renewal Plan, its conformity to the rules and regulations for subdivisions, and its
conformity to existing zoning classifications; and the Renewal Plan was ap-

ORDINANCES 269

proved and recommended to the Mayor and City Council of Baltimore by the
Commissioner of the Department of Housing and Community Development;
now, therefore;-.

Beotiun 1. B e it ordained by Ikt Mayo r and City Council ofBallimor t , That it
13 h e r e by found and d e t e rmin e d that th e h ere inb e low mo re particular l y d e scrib e d
ar e a, b e d e leted from th e Qr c hard - Biddl e Urban R e n e wal Ar e a, and from th e e f -
f e ct of th e r e lat e d R e n e wal Plan, aa e stablish e d und e r Ordinanc e No. 100 6 , ap -
p r ov e d May 17, 1071, aa am e nd e d; and said h e r e inb e low tract of land ia h e r e by
d e sig r iat ed a s " Mark e t C e nt e r W e st" and subj e ct e d to th e Urban R e n e wal Plan
aa e stablish e d by ttiis Ordinanc e:

SECTION I.BEIT ORDAINED BY THE AM YOR AND CITY COUNCIL OF
BALTIMORE, THAT THE TRACT OF LAND MORE PARTICULARLY
DESCRIBED BELOW BE AND IS HEREBY DELETED FROM THE
ORCHARD-BIDDLE URBAN RENEWAL AREA, AND FROM THE EF-
FECT OF THE RELATED ORCHARD-BIDDLE URBAN RENEWAL PLAN,
APPROVED IN ORDINANCE NO. 1066, APPROVED MAY 17, 1971, AS
AMENDED; AND SAID TRACT OF LAND SHALL BE AND IS HEREBY
DESIGNATED "MARKET CENTER WEST URBAN RENEWAL AREA",
AND IS HEREBY SUBJECT TO THE MARKET CENTER WEST URBAN
RENEWAL PLAN APPROVED IN THIS ORDINANCE. THE MARKET
CENTER WEST URBAN RENEWAL ARE/^ IS MORE PARTICULARLY
DESCRIBED AS FOLLOWS:

Beginning for the same at the point formed by the intersection of the east
side of Paca Street, as now laid out 80 feet wide, and the south side of Franklin
Street, as now laid out 66 feet wide, thence binding on the east side of said
Paca Street, southerly 743 feet, more or less, to intersect the south side of
Saratoga Street, as now laid out 66 feet wide, thence binding on the south side
of said Saratoga Street, westerly 392 feet, more or less, to intersect the east
side of Greene Street, as now laid out 66 feet wide, thence binding on the east
side of said Greene Street, southerly 850 feet, more or less, to intersect the
center line of Fayette Street, as now laid out 66 feet wide, thence binding on
the center line of said Fayette Street, westerly 300 feet, more or less, to in-
tersect the west side of Pearl Street, as now laid out 62 feet wide, thence bind-
ing on the west side of said Pearl Street, northerly 296 feet, more or less, to in-
tersect the north side of the parcel known as 132 Pearl Street, thence binding
on the north side of the parcel known as 132 Pearl Street, westerly 38 feet,
more or less, to intersect the west side of a parcel known as 619 Lexington
Street, thence binding on the west side of the parcel known as 619 Lexington
Street northerly to intersect the north side of a 3-foot alley which lies 52 feet
from the south side of Lexington Street, thence binding on the north side of
said 3-foot alley westerly 125 feet, more or less, to intersect the west side of
Arch Street, as now laid out 20 feet wide, thence binding on the west side of
said Arch Street southerly 100 feet, more or less, to interseci. the north side of
Vine Street, as now laid out 36 feet wide, thence binding on the north side of
said Vine Street westerly 505 feet, more or less, to intersect the west side of
Pine Street, as now laid out 50 feet wide, thence binding on the west side of
said Pine Street southerly 650 feet, more or less, to intersect the south side of
Baltimore Street, as now laid out 70 feet wide, thence binding on the south

270 ORDINANCES Ord. No. 100

side of said Baltimore Street westerly 480 feet, more or less, to intersect the
west side of Martin Luther King, Jr. Boulevard right-of-way line, thence bind-
ing on the west side of said Martin Luther King, Jr. Boulevard right-of-
way line northerly 2090 feet, more or less, to intersect the south side of Franklin
Street, as now laid out 66 feet wide, thence binding on the south side of said
Franklin Street easterly 1620 feet, more or less, to the point cf beginning.

Sec. 2. And be it further ordained, That the Urban Renewal Plan, identified as
"Urban Renewal Plan ,-^-, Market Center West", is hereby approved and the
Clerk of the City Council is hereby directed to file a copy of said Renewal Plan
with the Department of Legislative Reference as permanent public record and to
make the same available for public inspection and information.

Sec 3. And be it further ordained, That it is necessary to acquire by purchase
or by condemnation, for urban renewal purposes, the fee simple interest or any
lesser interest in and to the following properties or portions thereof, together
with all right, title, interest and estate that the owrier or owners of said property
interests may have in all streets, alleys, ways or lanes, public or private, both
abutting the whole area described andVor contained within the perimeter of said
area, situate in Baltimore City, Maryland, and described as follows:

6 12 W. Fay e tte S tr ee t
6 14 W. Fayett e Str ee t
6 1 6 W. Fay e tte S tr ee t

234 Pearl Street
236 Pearl Street

Sec. 4. And be it further ordained, That it may be necessary to acquire by pur-
chase or by condemnation, for urban renewal purposes, the fee simple interest or
any lesser interest in and to such properties or portions thereof together with all
right, title, interest, and estate that the owner or owners of said property in-
terests may have in all streets, alleys, ways, or lanes, public or private, both abut-
ting the whole area described andyor contained within the perimeter of said area,
not specifically designated for acquisition, as may be deemed necessary and prop-
er by the Commissioner of the Department of Housing and Community Develop-
ment to effect the proper implementation of the Renewal Plan. This may include:

(a) any property in the project area containing a non-salvable structure, i.e. a
structure which in the opinion of the Commissioner of the Department of Hous-
ing and Community Development; cannot be economically rehabilitated;

(b) Arty ANY privately owned structure in the project area which the owner in-
tends to rehabilitate or demolish in a manner not in substantial conformity with
the property rehabilitation standards contained in Section 10 of this Ordinance
or the objectives of the Renewal Plan:;

(c) any property, the owner of which is unable or unwilling to comply or con-
form to the property rehabilitation standards set forth in Section 10 of this
Ordinance within 12 months from the date of written notice of the required im-
provements. The Department of Housing and Community Development, after
due consideration that the property owner has failed to achieve substantial con-
formity with the property rehabilitation standards may acquire such property

ORDINANCES 271

pursuant to the Eminent Domain Law of this State as if the property had
originally been planned for acquisition after 90 days written notice to the owner.
The Department of Housing and Community Development reserves the right to
acquire any such non-complying property for a period of two (2) years from the
date said written notice by the Department of Housing and Community Develop-
ment.

Sec. b. And be it further orda ined, That upon acquisition of the properties men-
tioned in Section 4 of this Ordinance, the Department of Housing and Communi-
ty Development will either:

(a) rehabilitate the property in conformance with the codes and ordinances of
Baltimore City and the property rehabilitation standards set forth in Section 10
of this Ordinance and dispose of THE property at its fair value in accordance
with applicable regulations. If sale cannot be consummated by the time
rehabilitation is accomplished, the property may be rented pending continuing
sale efforts; or

(b) sell or lease the property subject to rehabilitation and/or maintenance in
conformance with the codes and ordinances of Baltimore City and the property
rehabilitation standards set forth in Section 10 of this Ordinance and the objec-
tives set forth in the Renewal Plan; or

(c) demolish the structure or structures thereon and dispose of THE land for
redevelopment at its fair value for uses consistent with the Renewal Plan; or

(d) devote the property and/or structure to a public use consistent with the
Renewal Plan.

Sec Q.Atid be it further ordained, That the Real Estate Acquisition Division of
the Department of the Comptroller, or such person or persons and in such man-
ner as the Board of Estimates, in the exercise of the power vested in it by Article
V, Section 5, of the Baltimore City Charter, may hereafter from time to time
designate, is or are authorized to acquire on behalf of the Mayor and City Council
of Baltimore and for the purposes described in this Ordinance, the fee simple in-
terest or any lesser interest in and to the properties or portions thereof
hereinabove mentioned. If the Real Estate Acquisition Division of the Depart-
ment of the Comptroller, or such person or persons and in such manner as the
Board of Estimates, in the exercise of the power vested in it by Article V, Section
5, of the Baltimore City Charter, may hereafter from time to time designate, is
or are unable to agree with the owner or owners on the purchase price for said
properties or portions thereof, it or they shall forthwith notify the City Solicitor
of Baltimore City, who shall thereupon institute in the name of the Mayor and
City Council of Baltimore the necessary legal proceedings to acquire by condem-
nation the fee simple interest or any lesser interest in and to said properties or
portions thereof.

Sec 7. And be it further ordained, That only the land uses indicated in Section
C. of the Renewal Plan and shown on Exhibit 1 A -Land Use Plan, dated
February 29, 1984, shall be permitted within Market Center West.

Sec 8. And be it further ordained, That all plans for new construction (in-
cluding parking lots), exterior? or highly visible rehabilitation, repairs, expansion

272 ORDINANCES Ord. No. 100

or change in use of any property in Market Center West shall be submitted to the
Department of Housing and Community Development for review and approval
by the Department shall be required before proceeding with the work in accord-
ance with Section F. and Appendix A (Section II) of the Renewal Plan. Only upon
finding that the proposed plans are consistent with the objectives of the Renewal
Plan shall the Commissioner of the Department of Housing and Community
Development authorize the processing of the plans for issuance of a building per-
mit. The provisions of this Section are in addition to and not in lieu of all other ap-
plicable laws and ordinances relating to new construction.

Sec. 9. And be it further ordained, That all proposals for demolition of all or a
portion of a structure within Market Center West shall be submitted to the
Department of Housing and Community Development for review and approval in
order to determine if the proposed demolition is consistent with the objectives
and requirements of the Renewal Plan. Upon finding that the proposed demoli-
tion is consistent with the objectives of the Urban Renewal Plan, the Commis-
sioner of the Department of Housing and Community Development shall
authorize the issuance of the necessary permit. If the Commissioner finds that
the proposal is inconsistent with the objectives of the Urban Renewal Plan and
therefore denies the issuance of the permit, he THE COMMISSIONER shall,
within 90 days of such denial, seek approval of the Board of Estimates to acquire
for and on behalf of the Mayor and City Council of Baltimore the property, in
whole or in part, on which said demolition was to have occurred by purchase,
lease, condemnation, gift or other legal means for the renovation, rehabilitation
and disposition thereof. In the event that the Board of Estimates does not
authorize the acquisition, the Commissioner shall, without delay, issue the
demolition permit.

Sec. 10. And be it further ordained, That over and above the codes and
ordinances of Baltimore City, the following additional provisions shall be applied
to all exterior improvements to existing properties, WHETHER OCCUPIED
OR VACANT, within Market Center West and ahall b e appli e d to all prop e rti e s,
wh e th e r occupied or vacant . These provisions should in no way discourage
creative and innovative design so long as the design proposal is in harmony with
the broad intent of the Renewal Plan. Such creative and innovative designs may
be submitted to the Department of Housing and Community Development for
review and, at the sole discretion of the Commissioner of the Department of
Housing and Community Development, approval of such designs, including ex-
ceptions to the following provisions, may be granted. Nothing in the following
provisions shall be construed to permit any construction, alteration, change,
repair, use or sign or any other matter otherwise forbidden, restricted, or con-
trolled by any other public law except as specifically noted. All work performed
in compliance with the Renewal Plan shall be done in a workmanlike manner and
according to accepted standards of the building trades. Materials used in making
repairs shall be of quality suitable for the purpose and of a kind normally used to
accomplish the required repairs.

1. Exterior Walb (front, side, and rear)

a. All of the exterior walls of structures located in the Project Area shall be
included in this requirement.

ORDINANCES 273

b. All exposed and visible surfaces shall be repaired, cleaned or painted to
present an acceptable appearance.

c. All colors and color schemes used in the Project Area shall be compatible
vvith the design of the buildings in the Area.

d. All defective structural and decorative elements of building fronts and
sides abutting streets shall be repaired or replaced in a workmanlike manner to
match as closely as possible the architecture of that building. All damaged, sag-
ging, or otherwise deteriorated storefronts, signs, show windows, or entrances
shall be repaired or replaced.

e. All miscellaneous unused elements on the exterior walls of the struc-
tures such as empty electrical boxes, conduits, pipes, unused sign brackets, etc.,
shall be removed.

f. All exterior walls which have not been wholly or partially resurfaced or
built over shall be repaired and cleaned or painted in an acceptable manner. Brick
walls shall be pointed where necessary to match existing bond. Painted masonry
walls shall have loose material removed and be painted a single color except for
trim or decorative details which may be another color. Surfaces shall be painted
v^ith products, and employing application methods that will prevent early
deterioration. Patched walls shall match the existing adjacent surfaces as to
materials, color, bond and joining. Cleaning of masonry walls by means of sand-
blasting shall not be permitted, except where sandblasting is determined by the
Commissioner of the Department of Housing and Community Development to be
the only feasible means of surface cleaning of masonry and where, in his opinion,
it will not cause damage to historic materials.

g. All brick and concrete block walls shall be cleaned, repaired, and re-
pointed as required. Brick walls shall be either preserved in their natural state or
painted a color compatible with neighboring structures. Unfmished concrete
block walls shall be painted.

h. All natural stone walls shall be cleaned, repaired, and pointed.

i. All stucco surfaces shall be cleaned and repaired. Repaired and new stucco
surfaces shall have a continuous and even finish, with no patching visible.

j. No new formstone finishes shall be permitted. All defective formstone
finishes shall be removed and the walls behind them restored.

k. Existing wood siding material, in sound condition and permissible under
the Baltimore City Building Code, shall be cleaned, stripped, and painted. All
other wood siding shall be removed. All siding hiding or covering the original
building above the sign area shall be removed. Real or simulated wood shakes are
not considered to be compatible with this renewal area and new applications of
these materials will be not permitted.

1. Existing metal siding which is undamaged, structurally sound, and per-
missible under the Baltimore City Building Code shall be kept bright, clean, in a
good state of repair, or painted a color compatible with the colors of the
neighboring structures. M\ other metal siding shall be removed. All siding hiding
or covering the original building above the sign area shall be removed. Metal
siding shall be limited to the street level and shall not cover more than 25% of the
total front. The metal shall be of sufficient gage GAUGE, thickness and finish

274 ORDINANCES Ord. No. 100

quality to prevent denting, scratching and discoloration through normal wear
and tear.

m. AJl gutters and rain water leaders must be in good condition and shall be
repaired or replaced as necessary and shall be neatly located and securely in-
stalled. Gutters and down-spouts shall be prepainted, baked enamel, non-ferrous
material or painted and shall be compatible with the other building colors.

n. All cornices, upper floor windows, and all other portions of a building
containing metal or wood trim shall be made structurally sound. Rotten, rusted,
or weakened portions shall be restored, where feasible, or replaced to match as
closely as possible the original architecture. All exposed metal or wood shall be
painted or stained, or otherwise treated for protection. The removal of cornice
work, without prompt replacement of approved design, will not be permitted.

o. Walls, ledges, cornices, sills and other projections shall be kept clean of
bird droppings and may be provided with deterrent devices to protect them from
soiling by birds.

p. No new mechanical equipment such as exhaust fans, vents and air condi-
tioning units shall be allowed to project through building fronts or sides facing
streets unless suitably concealed.

2. Roofs

a. All roof mounted signs and unused roof hardware shall be removed.

b. Roofs shall be kept free of trash, debris, or any other element which is
not a permanent part of the building or a functioning element of its mechanical or
electrical system.

c. Television and radio antennae shall be located so as to be as inconspicu-
ous as possible AS VIEWED from the sidewalk across the street.

d. Rooftop mechanical equipment shall be located far enough back from
THE edge of the roof so that it cannot be seen from the sidewalk across the
street, either in front of or to one side of the building. Functional equipment may
be retained until major repair or replacement of the equipment . becomes
necessary, at which time it shall be repositioned as above. All mechanical equip-
ment shall be painted with a flat paint in a color compatible with the color of the
front of the building upon which it rests IS LOCATED to minimize visibility.

e. Any new mechanical equipment placed on a roof shall be so located as to
be hidden from the streets, and to be as inconspicuous as possible from other
viewpoints. New equipment shall be screened with suitable elements of a perma-
nent nature and finished so as to be compatible with the rest of the building.
Where such screening is unfeasible, equipment shall be installed in a neat,
presentable manner and shall be painted in such a manner as to mmimize its
visibility.

f. All chimneys, elevator penthouses or other auxiliary structures on the
roofs shall be clean and in good repair. All deteriorated masonry chimneys shall
be either removed or restored. All future metal chimneys shall be located so that
they cannot be seen from the sidewalk across the street either in front of, or to
one side of, the building.

ORDINANCES 275

g. Flashing visible from the sidewalk must be neat and free of pitch. Visible
flashing shall be painted to match the surface of the wall and AND/OR roof.

h. For pitched roofs visible from the sidewalk across the street, additional
roof requirements shall apply:

(1) The finished roofing material shall be clean and in good state of
repair.

(2) The finished roofing material shall be limited to one of the follow-
ing:

-Flat or standing seam natural or painted sheet metal roofing

-Asphalt shingle or clay tile

-Slate

(3) The finished roofing material shall have a color compatible with the
building color scheme.

(4) Dormers shall be compatible with the design of the building's street
facade. The finish materials and colors shall be compatible with both the roof and
facade of the buildings.

(5) Skylights and solar panels shall be of low profile and all metal parts
shall match the roofing material.

3. Windows

a. Windows not in the front or side of the buildings shall be kept properly
repaired or, with Fire Department approval, may be clos e d SEALED, in which
case, sills, lintels, and frames must be removed and the opening properly closed
to match the material, design, and finish of the adjacent wall, or other solution
satisfactory to the Department.

b. All windows must be tight-fitting and have sashes of proper size and
design. Sashes with rotten wood, broken joints or loose mullions or muntins shall
be replaced. All broken and missing windows shall be replaced with glass or ap-
proved clear plastic glazing. All exposed wood shall be repaired and painted.

c. Window openings in upper floors of the front and all visible sides of the
building shall not be filled, boarded up or covered by any signs. Windows in upper
floors may be backed by suitable curtains, blinds, interior wood shutters, or other
approved materials. W^ere this treatment is not feasible, window glass may be
painted. When glass is painted, mullions shall be a contrasting color. Window
glass at street level shall not be painted over entirely.

d. The use of shutters shall not be allowed in cases where shutters would
not be compatible with the architecture of the building.

e. All of the windows in a single facade shall be of matching design. All win-
dow openings shall have the same height and width they did at the time that the
wall in which the openings are located was originally built. Filling in these open-
ings at the top, bottom, or sides is not permitted. The following additional re-
quirements shall apply for all new windows:

(1) All windows shall have frames, sash, and mullions of a material,
design, and color appropriate to the architecture of the building. Wherever possi-
ble, the original number of window lights shall be retained.

276 ORDINANCES Ord. No. 100

(2) All windows, frames, and mullions shall be kept in good repair and
properly painted.

(3) Ornamental windows, grilles, and balcon e tta FALSE BALCONIES
may be incorporated as a decorative or security device.

(4) The lintels over windows shall be preserved or restored. Rotten
wood lintels shall be replaced with steel lintels concealed behind a wood facing.
Brick archwork and stone lintels shall be restored.

(5) Window sills shall be preserved, replaced, and restored to match the
original design of the building.

(6) Installation of exhaust fans, vents, and air conditioning units in
front windows is not allowed; however, where there is no other alternative, the
unit shall be painted in a color that makes it as inconspicuous as possible or shall
otherwise be suitably screened.

4. Storefonts

a. A storefront as a part of the building facade shall be defined to include:

(1) The building face and the entrance area leading to the door:

(2) The door, sidelights, transoms, show windows, display platforms,
devices including lighting and signing designe(;i to be viewed from A public right-
of-way and/or the areas visible to the public prior to entering the interior portion
of the structure.

b. All elements of the storefront including marquees, awnings, show win-
dows, entrances, signs, lighting, sun protection, security grilles, etc., shall be
compatible with the architecture of the building. All such elements shall be
located no higher than one inch below the second story wmdow sill line. New
metal awnings shall not be permitted.

c. All extraneous and unused hardware, signing, and equipment shall be
removed.

d. All broken, rotten, or damaged elements shall be removed and replaced
with elements that are compatible with the architecture of the building. All
damaged, sagging, or otherwise deteriorated storefronts, show windows, or en-
trances shall be repaired or replaced. The practice of "patching" or layering
materials one on top of the other is not permitted. Damaged parts shall be re-
placed so as to be undetectable as replacement parts.

e. At such time as sign panels covering or replacing store cornices are
removed, the cornice shall be restored or replaced.

f. Materials used on storefronts shall be compatible with the architecture of
other buildings in the renewal area as well as other materials used on the building
itself. Other factors such as durability, ease of maintenance and historical com-
patibility of materials shall be considered in relation to future material installa-
tions. Material not approved by the Department, shall not be permitted for any
future use. All such materials now in use shall be kept in good repair or shall be
removed.

ORDINANCES 277

g. Soft Awnings

(1) Existing retractable awning boxes or fixed awning hardware on
storefronts shall be reconditioned to accommodate a new awning which shall be
compatible with the building design. Torn, frayed, faded or dirty awnings shall
be reconditioned, repaired, cleaned, or replaced.

(2) Awnings are to be installed along the full width of existing awning
boxes and frames and on upper floors over windows only.

(3) The color of the material and any graphics or striping shall be com-
patible with the building architecture.

(4) Fixed awnings shall have a fall sufficient to shed a snow load. A 6-
inch fall for every foot should be the minimum.

(5) Awnings shall not be designed so as to prevent vehicular movement
at the curb or to interfere with improvements to the public R.Q.W. RIGHT OF
WAY such as street lights, landscaping, and street furniture. Awnings shall not
be lower than eight (8) feet above the sidewalk, and one (1) foot inside the curb
and shall otherwise conform with the provisions of City Ordinances.

(6) Street level awnings shall terminate against the building at a height
not to exceed one inch below the second floor window sill or no higher than the
bottom of a first floor cornice, unless it exists as a part of the cornice.

h. Security screens, grates, bars, and grilles shall be designed to be as in-
conspicuous as possible. They shall be constructed of non-ferrous material or
kept painted and free of rust. Non-metal grilles and screens shall be prohibited.
Enclosures and housings for security grilles and screens shall be painted and
compatible with the architecture of the storefront and the facade or hidden from
view as an integral part of a sign or awning. All screens and grilles shall be total-
ly opened or removed during the normal business hours. No signs or product
advertising shall be permitted on grilles or grille housings.

i. Solid or permanently enclosed or covered storefronts or painted show
windows or show windows replaced by solid materials shall not be f>ermitted
unless treated architecturally as an integral part of the building facade and com-
patible with these standards. Where the window treatment of the first floor is to
be modified, these new window openings shall not be smaller in size than the
openings of the second or third floor windows. These new windows shall be com-
patible with the upper windows in the structure.

j. New storefronts that project beyond the property lines of the stores are
not permitted. Where the original front is behind the property line and where a
new prujectmg front would ni)t be disruptive to adjacent stores and is compatible
with the building architecture, a new front may be installed u[) to the property
line.

k. All new storefronts shall provide a street side hose bibb to provide water
for storefront and sidewalk cleaning and to aid in watering street trees.

I. Doorways and Entrances- In cases where there are doorways to
buildings that are not incorporated in the storefront, the character of the original
doorway shall be preserved, where possible. The original style of these door-
ways, if possible, shall be incorjjorated into the design of the r et nod e ll c d

278 ORDINANCES Ord. No. 100

REMODELED storefront. The following additional requirements shall apply to
all doorways and entrances.

(1) Storm and screen doors and hardware visible from the outside shall
be compatible with entrance doors.

(2) Any grilles, bars, and grates covering doors or windows shall be
designed to be compatible with the architecture of the building and of the
neighboring structures.

(3) Where steps or stoops are required at a doorway or entrance, they
shall be designed to match the original design. In cases where there are are
MORE than two risers, the steps or stoops shall be provided with a railing of
compatible design.

(4) Doorways and entrances shall be designed with consideration for
the needs of the handicapped and the elderly.

m. Each store is required to display a postal address number on the
storefront. The number size, style, location shall be designed so that it is easily
visible from the center line of the street.

n. Footways adjacent to all properties within the Project Area boundaries
shall be maintained in a manner consistent with applicable Baltimore City Codes
and Ordinances. In addition, when required, footways shall be repaired or re-
placed to present a neat and even appearance and in a manner that is compatible
with the materials, design and finish of adjacent footway surfaces including
specially designed and installed sidewalk, plaza and mall paving.

o. This Plan encourages the use of adjacent footways for sidewalk cafes
(outdoor table service) with or without awnings, where accessory to a restaurant
use. A clear walkway not less than four (4) feet in width shall be maintained in ac-
cordance with provisions of City Ordinances.

5. Sigtis

All new signs shall be in accordance with the Zoning Ordinance of Baltimore
City and subject to the requirements for a minor privilege. In addition, the
following provisions shall apply:

a. All signs not conforming to these regulations shall be removed at the
time rehabilitation work is undertaken. All other signs must be removed within
twelve months after the passage of the ordinance approving this Plan, except
billboards larger than sixty square feet. All those billboards larger than sixty
square feet shall be removed only in the event they are: 1. located on, 2. across
the street, alley or footway from, 3. diagonally across from, or 4. adjacent to any
development site. "Development site" for the purpose of this Plan shall be de-
fined as any public or private development, redevelopment, rehabilitation, con-
struction, improvement or other investment the aggregate cost of which exceeds
$200,000 (Two Hundred Thousand Dollars)." No lease for billboard signs expir-
ing after enactment of this Plan may be renewed.

b. Size, shape, letter style(s), colors, and method of installation of all signs
shall be compatible with the architecture of the building and the neighboring

ORDINANCES 279

structures. Design of signs by graphic designers is encouraged. This Plan re-
quires that design drawings of all proposed signs and showing their location on
the building facade shall be submitted to the Department for approval prior to
fabrication and installation.

c. Materials employed for construction of signs shall be durable and
weather resistant, shall be fabricated and installed by qualified and experienced
mechanics, and shall be maintained in good repair.

d. Placement of signs shall be restricted to the first floor only, placed no
higher than the bottom of the second story window sill, where windows exist, and
the sign bottom shall be directly above the storefront or awning/security
enclosure. Signs shall be designed in a manner so that they do not interfere with
important architectural details (e.g., window, cornices, carved friezes, arches) of
the buildings. Placement entirely on a flat portion of facade or an area entirely
within the confines of an opening and lined up with architectural details or
elements is required. Upper floor signs are contrary to the intent of this Plan.
However, in special circumstances, signs may be placed on upper floors if it is
determined that there IS no prudent means of accommodating the signs on the
first floor consistent with these provisions or as special exceptions approved by
the Department.

e. "Temporary signs" may be displayed within storefront windows only
provided that these signs do not cover more than 20% of the area of the window
in which they are displayed and are on display not more than thirty consecutive
days.

f. Signs shall be permitted at rear entrance and delivery doors, but shall
not exceed two square feet in area and may be illuminated.

g. If a projecting sign to indicate the location of a parking garage or park-
ing lot entrance is to be provided, one such sign for each garage or lot entrance
shall be permitted and the sign be a Department-approved standardized letter
"P" and arrow.

h. Signs in the form of letters, symbols or other graphics may be incor-
porated in the design of any awning included in the design of a storefront, pro-
vided such signs are compatible with the architecture of the building and the
awning.

i. Signs may be painted on the inside surface of upper floor and storefront
show windows and sign panels may be hung inside the show window. These signs
must be designed to be compatible with the architecture of the facade.

j. Signs shall be incorporated in the design of the storefront and shall not
project more than 12" except where a sign will serve to hide a security grille
enclosure which exists beyond the primary surface of the building. If the
storefront design includes a cornice, the sign may be incorporated in the cornice
design. If a st(jrefront cornice is not appropriate for a sign, or there is no cornice,
the sign may be placed either in the store window or on the portion of the
building facade above the store window/cornice and below the sill of the second
floor windows. Signs which are an integral part of the building structure and
compatible with the original architecture of the building are permitted.

280 ORDINANCES Ord. No. 100

k. Painted signs on building surfaces or use of separate cutout letters shall
be permitted in accordance with these provisions.

1. Neon tube signs are permitted above a show window and on the inside of
and behind show windows as provided for herein and as provided for in
"Lighting" in this Plan.

m. Flags and banners, conforming to existing City Ordinances, may be
displayed on a temporary and permanent basis so long as the poles are main-
tained in good condition and the material is not faded, torn, or frayed.

n. Roof top signs, signs above the parapet of a building, billboards, or other
outdoor advertising signs painted or mounted on structures other than
billboards, except as otherwise herein provided, shall not be permitted. All exist-
ing rooftop and facade mounted sign brackets and hardware shall be removed.

0. Flashing or moving signs other than barber poles shall not be permitted.

p. No signs, projecting more than 12", will be permitted to be mounted to
the face of any building; such existing signs shall be removed as provided for in
III. Complianc e . "SECTION III. COMPLIANCE" OF THE RENEWAL PLAN.

q. No marquees shall be allowed on buildings other than operating theatres
or hotels. When SUCH BUILDING IS rehabilitated, an existing marquee shall be
redesigned so that it is compatible with the architecture of the building.

r. Super graphics or murals are a special form of out-door art and the
Department may permit their application upon submission and approval of full
color drawings of the intended super graphic or mural on wall surfaces that are
predominantly blank, except on buildings designated of either historic or ar-
chitectural significance. The application should be appropriate to the use, activity
or theme of a building or place. Such super graphics or murals shall be designed
by recognized professional graphic artists, artists or designers.

s. The Department may permit freestanding signs and sign kiosks on the
sites where buildings are set back from their property lines upon submission and
approval to OF site plans and sign design drawings.

6. Lighting

a. Exterior lighting shall be limited to lighting fixtures designed to be in
harmony with the character of the buildings and the street. Such fixtures shall be
mounted in the entrance ways or on the front facade of the building. Flood
lighting, concealed above a shopfront cornice, may be used to light the facades of
buildings except where the upper floors are in residential use. Lighting of the
shops will be encouraged during the evening hours at times agreed upon by the
merchants.

b. Lighting of the facades of the buildings may be accomplished with pro-
jecting fixtures at the roofline or at the shopfront cornice line. Such fixtures shall
be inconspicuous and compatible with the building architecture and project not
more than 24" from the face of the building.

c. All lighting and electrical elements such as wires, conduits, junction
boxes, transformers, ballasts, switches and panel boxes shall be concealed from
view.

ORDINANCES 281

d. The following lighting methods are not pernutted for signs and
buildings:

(1) Exposed flourescent lighting

(2) Exposed quartz or mercury vapor lamps

(3) Exposed incandescent lamps other than low wattage, purely
decorative lighting and neon as provided for herein.

e. The following lighting methods are permitted for signs and buildings:

(1) Fully recessed flourescent downlights or wall washers in a valance
box. Box must run full length of storefront at top of sign area.

(2) Internally illuminated box signs and individual letters or back-lit
(halo) letters.

(3) Fully recessed downlights or wallwashers in projecting metal box.
Box must run length of storefront at top of sign area.

(4) Shielded flourescent lamps with diffusers in projecting metal box.
Box must run full length of storefront at top of sign area.

(5) "Gooseneck incandescent", porcelain enamel reflector on bent metal
tube arm. Housing must prevent glare at pedestrian eye level.

(6) Neon tube illumination in the form of a neon tube graphic where a
light source is supplied by a neon tube which is bent to form letters, symbols or
other shapes in various colors are permitted as flat signs above a show window
when enclosed in a sign box and protected by a glass front and on the inside of
show windows.

7. Rear Yards

Where a front, side, or rear yard exists or is created through the demolition of
structures, the open areas shall be treated in a manner consistent with the
following standards.

a. Enclosures of Yards

A rear yard may be enclosed along side and rear property lines by an
unperforated masonry wall or metal grille fence compatible with the architecture
of the rear walls of the building. Solid doors or gates may be used to the extent
necessary for access and delivery. Such walls must be not less than three feet in
height. Use of barbed wire or broken glass OR SIMILAR MATERIALS on top of
walls shall not be permitted. Solid masonry walls shall be used where fronting on
public streets and adjacent properties.

b. Provision of Parking Area

Rtrar A REAR yard may be used as a parking or loading area providing
that it is properly screened, paved, illuminated and maintained. A sign not ex-
ceeding two square feet in area may be used to identify and control parking and
loading. The owner of the building shall be responsible for maintenance of the
parking area in a neat and clean manner. No storage of trash containers shall be
allowed in this area except when housed in permanent enclosures of acceptable
design.

282 ORDINANCES Ord. No. 100

c. Structures that are attached or unattached to the rear of the principal
structure and which are structurally deficient, shall be properly repaired or
demolished. Yards and areaways shall be kept free of trash, debris, or any other
element which is not a permanent part of the building or a functional element of
its mechanical or electrical system.

8. Ojf-Street Parking

a. Parking spaces shall be provided as established in the Zoning Ordinance
of Baltimore City, or in such lesser amount as may be authorized by Board of
Municipal and Zoning Appeals as a Special Exception or Variance. In addition to
these requirements, off-street parking areas shall be visually screened from
public streets and adjacent properties as provided for herein.

b. All required parking spaces shall be provided with the proper ingress
and egress to a public street or alley.

c. All parking facilities shall be effectively screened. When fronting on
public streets and adjacent properties, screening shall consist of a masonry wall
or combination masonry wall and metal grille fence, not less than three (3) feet in
height. Screening shall be maintained in good condition and shall be so designed
and placed so as not to obstruct vehicle sight distances at entrances and exits.
Solid masonry walls shall be used.

d. All exterior (surface) parking areas shall be paved with a hard, dust-free
surface, and shall be properly illuminated, and maintained in a neat and clean
manner.

e. A sign not exceeding sixteen square feet in area may be used to identify
and control parking and loading.

9. Off-Street Loading, Storage and Service

a. Where permitted by the Zoning Ordinance of Baltimore City, front, side,
or rear yards may be used for loading, storage, or service. In addition to any re-
quirements of the Zoning Ordinance, these areas shall be appropriately screened
from all adjacent streets, alleys, and properties. Screening shall consist of an
unperforated masonry wall or metal grill fence at least three feet in height.

b. All yards used for loading and vehicle storage and service shall be pro-
vided with the proper ingress and egress to a public street or alley by means of
access drives and aisles. Such drives and aisles shall be consistent with the in-
tended use of the property and shall not be excessive in size.

c. All exterior (surface) parking areas shall be paved with a hard, dust-free
surface, and shall be properly illuminated, and maintained in a neat and clean
manner.

d. A sign not exceeding two square feet in area may be used to identify and
control parking and loading.

ORDINANCES 283

10. Refuse Storage

All outdoor refuse storage areas and dumpsters on private property shall
be screened from the view of adjacent properties and public rights-of-way, and
no dumpsters or rubbish containers shall be exposed at the fronts of buildings.
Screening shall consist of a masonry wall or metal fence, or combination not less
than five (5) feet in height. Trash storage areas shall be maintained in a neat and
clean manner at all times.

11. Existing Passageways

a. All existing passageways fronting on any street or alley providing public
access shall comply with all of the provisions of this Plan, especially maintenance
and repair of exterior walls.

b. They shall be kept structurally intact and free from hazards to the
general public.

c. They shall be kept free of debris by the abutting owner(s).

d. All masonry surfaces shall be repaired and cleaned or painted to present
a neat, fresh, and uniform appearance.

e. Provision for metal security gates at each end of such passageways shall
be the responsibility of the occupants of buildings immediately adjacent. These
gates must be provided with a lock. Non-metal gates and non-metal locks are not
permitted. It shall be the responsibility of first floor occupants of buildings im-
mediately adjacent to both sides of such passageways to lock gates after normal
business hours. Passageways must be provided with sufficient lighting if gates
are to be left unlocked during normal business hours of darkness. When security
gates are "open", they shall be fixed to the wall by a metal latch.

Sec. l\. And be it further ordained, That all rehabilitation work necessary to
meet the standards and provisions contained in Section 10 of this Ordinance shall
be completed within one (1) year from the passage of this Ordinance unless ex-
tended by the Commissioner of the Department of Housing and Community
Development. Thereafter, all work shall be completed in accordance with the
date of completion set forth in the notice from the Commissioner. No work,
alterations, or improvements shall be undertaken after enactment of this
Ordinance which do not conform with the requirements set forth in Section 10 of
this Ordinance. However, the Commissioner may waive compliance with one or
more of the standards and provisions contained in Section 10 of this Ordinance if
such waiver is determined by the Commissioner not to adversely affect the objec-
tives for Market Center West. Nothing herein shall be construed to permit any
sign, construction, alteration, change, repair, use or any other matter otherwise
forbidden or controlled by any other public law.

Stc. 12. And be it further ordained, That any person violating the provisions
contained in Sections 10 and 11 of this Ordinance shall be guilty of a misde-
meanor and shall be subject to a fine not exceeding One Hundred Dollars
($100. UU) and that each day's violation shall constitute a separate offense.

284 ORDINANCES Ord. No. 100

Sec. 13. And be it further ordained, That in selling or otherwise disposing of
property in Market Center West, the Department of Housing and Community
Development shall require that developers agree in writing not to discriminate in
the sale, lease, use or occupancy of the property developed by them against any
person because of race, religion, color, sex or national origin.

Sec. \4.And be it further ordained, That the regulations, controls, and restric-
tions applicable to land to be acquired by the City as stated in Section E. of the
Renewal Plan are hereby approved.

Sec. 15. And be it further ordained, That certain new disposition lots shall be
created as shown in the Urban Renewal Plan on Exhibit 2A- Property
Acquisition-Land Disposition, dated F e bruary 20, 1 9 84 MAY 28, 1984.

Sec. 16. And be it further ordained, That in whatever respect, if any, the said
Renewal Plan approved hereby may not meet the requirements as to the content
of a renewal plan or the procedures for the preparation, adoption, and approval
of renewal plans, as provided in Article 13 of the Baltimore City Code (1983
Replacement Volume), the said requirements are hereby waived and the
Renewal Plan approved hereby is exempted therefrom.

Sec. 17. And be it further ordained. That in the event it be judicially deter-
mined that any word, phrase, clause, sentence, paragraph, section or part in or of
this Ordinance or the application thereof to any p<rr«m PERSONS or circum-
stances in IS invalid, the remaining provisions and the application of such provi-
sions to other persons or circumstances shall not be affected thereby, the Mayor
and City Council hereby declaring that they would have ordained the remaining
provisions of this Ordinance without the word, phrase, clause, sentence,
paragraph, section or part or the application thereof so held invalid.

Sec. 18. And be it further ordained. That in any case where a provision of this
Ordinance concerns the same subject matter as an existing provision of any
urban renewal, zoning, building, electrical, plumbing, health, fire or safety
ordinance or code or regulation, the applicable provisions concerned shall be con-
strued so as to give effect to each; provided, however, that if such provisions are
found to be in irreconcilable conflict, the provision which establishes the higher
standard for the promotion of the public health and safety shall prevail. In any
case where a provision of this Ordinance is found to be in conflict with an existing
provision of any other ordinance or code or regulation in force in the City of
Baltimore which establishes a lower standard for the promotion and protection of
the public health and safety, the provision of this Ordinance shall prevail, and the
other existing provision of such other ordinance or code or regulation is hereby
repealed to the extent that it may be found in conflict with this Ordinance.

Sec. 19. And be it further ordained, That this Ordinance shall take effect from
the date of its passage.

Approved June 19, 1984

WILLIAM DONALD SCHAEFER. Mayor.

ORDINANCES 285

No. 101
(Council No. 251)

AN ORDINANCE concerning

URBAN RENEWAL -MARKET CENTER- AMENDMENT NO. 4

FOR the purpose of amending the Urban Renewal Plan for the Market Center
Urban Renewal Area tO; among oth er things, (1) expand the project boundary
to include the block bounded by Madison, Howard and Monument Streets and
Linden Avenue and the block bounded by Monument, Centre and Howard
Streets and Park Avenue, SAID BLOCK TO BE DELETED FROM THE
MOUNT VERNON URBAN RENEWAL PROJECT; (£) authorize the acquisi-
tion by purchase or by condemnation? of certain properties for urban renewal
purposes; (3) delete certain properties from acquisition; (4) revise the per-
mitted uses to prohibit amusement arcades within the project area; (5) create
and/or revise the boundaries of certain disposition/development parcels for
commercial, mixed, or residential use; (6) revise the standards and controls for
certain disposition/development parcels; (?) change the land use of certain
properties; (8) REVISE THE LANGUAGE IN THE ZONING SECTION OF
THE PLAN; revise the compliance provision in Appendix A attached to the
Plan and provide a penalty for violation of this provision; (^ revise ap-
propriate Exhibits attached to the Plan to reflect the changes proposed herein;
(W) waive such requirements, if any, as to the content or procedure for the
preparation, adoption and approval of renewal plans as set forth in Article 13
of the Baltimore City Code (1983 Replacement Volume) which the Renewal
Plan for the Market Center may not meet; (H) provide for the severability of
the various parts and applications of this o r dinanc e ORDINANCE; (1£) pro-
vide that where the provisions of this ordinanc e ORDINANCE shall conflict
with any other ordinance, code or regulation in force in the City of Baltimore,
the provision which establishes the higher standard shall prevail; and (13)
provide for an effective date hereof.

Whereas, an Urban Renewal Plan for the Market Center, formerly known as
the Retail District, was first approved by the Mayor and City Council of
Baltimore by Ordinance No. 579, dated November 16, 1977 and last amended by
ORDINANCE NO. 124, DATED JULY 11. 1980, ORDINANCE NO. 657,
DATED JUNE 8, 1982, AND Ordinance No. 944 994, dated June 30, 1983; and

Whereas, pursuant to Article 13 of the Baltimore City Code (1983 Replace-
ment Volume), no substantial change or changes shall be made in any renewal
plan after approval by ordinance, without such change or changes? first being
adopted and approved in the same manner as set forth in said Article 13 for the
approval of renewal plans, namely the preparation of such change or changes by
the Department of Housing and Community Development, the approval of such
change or changes by the Director of the Department of Planning, and approval
and adoption by ordinance of the Mayor and City Council of Baltimore after a
public hearing in relation thereto, all in the manner set forth in said Article 13;
and

286 ORDINANCES Ord. No. 101

Whereas, extensive changes in the Renewal Plan for Market Center make it
infeasible to make line-by-line changes; therefore the Department of Housing
and Community Development has prepared an amended Urban Renewal Plan for
Market Center; and

Whereas, it is necessary and desirable to include within the Market Center
Urban Renewal Area, the block bounded by Monument Street, Park Avenue,
Centre Street and Howard Street, which is presently within the Mount Vernon
Urban Renewal Project, and the block bounded by Madison Street, Howard
Street, Monument Street and Linden Avenue, which lies within a portion of the
Downtown Urban Renewal Area; and

Whereas, said amended Renewal Plan for Market Center has been approved
by the Director of the Department of Planning with respect to its conformity as
to the Master Plan, the detailed location of any public improvements proposed in
the amended Renewal Plan, its conformity as to the rules and regulations for
subdivisions, and its conformity to existing and proposed zoning classifications;
and the said amended Renewal Plan has been approved and recommended to the
Mayor and City Council of Baltimore, by the Commissioner of the Department of
Housing and Community Development, now, therefore,

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That
the amended Urban Renewal Plan for Market Center, identifed as "Urban
Renewal Plan, Market Center . . . revised to include Amendment No. 4, dated
F e bruary 17, 1984 MAY 28, 1984, is hereby approved and the Clerk of the City
Council is hereby directed to file a copy of said amended Urban Renewal Plan
with the Department of Legislative Reference as a permanent public record and
to make the same available for public inspection and information.

Sec. 2. And be it further ordained, That the boundaries of the Market Center
Urban Renewal Area shall be revised to include the block bounded by Madison
Street on the north, Howard Street on the east, Monument Street on the south
and Linden Avenue on the west, which lies within a portion of the Downtown
Urban Renewal Area, as described in Ordinance 1210, dated January 24, 1958,
as amended, and the block bounded by Monument Street on the north, Park
Avenue on the east, Centre Street on the south and Howard Street on the west,
which is presently in the Mount Vernon Urban Renewal Project, as established
under Ordinance 281, dated June 22, 1964 as amended, and said block is hereby
deleted from the boundaries of the Mount Vernon Urban Renewal Project.
Therefore, Section 2 of Ordinance 124, dated July 11, 1980, is hereby amended to
read as follows:

Beginning for the same at the point formed by the intersection of the east
side of Eutaw Street, as now laid out 66 feet wide, and the south side of
Madison Street, as now laid out 66 feet wide (,] ,■ thence binding on the south
side of said Madison Street, Easterly |143] 393 feet, more or less, to intersect
the (west side of Linden Avenue,] center line of Howard Street, as now laid out
82.5 feet wide; thence binding on the (west side of said Linden Avenue;) center
line of Howard Street, crossing Monument Street. Southerly 400 feet, more or
less, to intersect the south side of Monument Street, as now laid out 66 feet
wide; thence binding on the south side of Monument Street, (crossing Linden

ORDINANCES 287

Avenue] Easterly (250) J, 15 feet, more or less, to intersect the [center line of
Howard Street,) west side of Park Aveiiue, as now laid out (82.5] 6'6' feet wide;
thence binding on the (center line of Howard Street,] west side of said Park
Avenue, crossing Centre Street, [and on the west outline of the Department of
Housing and Community Development- Mount Vernon Urban Renewal Proj-
ect,] Southerly 450 feet, more or less, to intersect the south side of Centre
Street, as now laid out 6i^ feet wide; thence binding on the south side of said
Centre Street, [crossing Park Avenue, and on the south outline of said Mount
Vernon Urban Renewal Project,] Easterly [800] 390 feet, more or less, to in-
tersect the west side of Cathedral Street, as now laid out 66 feet wide; thence
binding on the west side of said Cathedral Street, crossing Hamilton Street,
Franklin Street, Mulberry Street, and Pleasant Street, Southerly 1,125 feet,
more or less, to intersect the north side of Saratoga Street, as now laid out 66
feet wide; and running thence by a straight line crossing said Saratoga Street;
[and on the west outline of the Department of Housing and Community
Development -Charles Center Urban Renewal P r oject,] PROJECT], Souther-
ly 66 feet, more or less, to intersect the west side of Liberty Street, as now laid
out varying in width; thence binding on the west side of said Liberty Street,
[and the west outline of said Charles Center Urban Renewal Project,] Souther-
ly 89 feet, more or less; thence binding on the northwest side of said Liberty
Street, crossing Clay Street, Lexington Street, and Marion Street, [and on the
northwest outline of said Charles Center Urban Renewal Project,]
Southwesterly 799 feet, more or less, to intersect the north side of Fayette
Street, as now laid out; thence binding on the north side of said Fayette
Street, crossing Park Avenue, [and on the north outline of said Charles Center
Urban Renewal Project,] Westerly 96 feet, more or less, to intersect the west
side of Park Avenue, as now laid out; thence binding on the west side of said
Park Avenue, crossing Fayette Street, Fairmount Avenue, and Baltimore
Street [and on the west outline of said Charles Center Urban Renewal
P r oj e ct,] PROJECT], Southerly 500 feet, more or less, to intersect the south
side of Baltimore Street, as now laid out 72 feet wide; thence binding on the
south side of said Baltimore Street crossing Howard Street, [and on the pro-
posed north outline of the Department of Housing and Community
Development - Loft District Urban Renewal Project,] Westerly 340 feet, more
or less, to intersect the west side of Howard Street, as now laid out 66 feet
wide; thence binding on the west side of said Howard Street, Northerly 17
feet, more or less, to intersect the south side of Baltimore Street; thence bind-
ing on the south side of said Baltimore Street, [and on the north outline of said
Loft District Urban Renewal Project,] Westerly 430 feet, more or less, to in-
tersect the west side of Eutaw Street; thence binding on the west side of said
Eutaw Street, Southerly 60 feet more or less, to intersect the north side
north side of Napoleon Alley; thence binding on the north side of Napoleon
Alley, [and on the north outline of said Loft District Urban Renewal Project,]
Westerly 340 feet, more or less, to intersect the center line of Paca Street, as
now laid out 82.5 feet wide; thence binding on the center line of Paca Street,
[and on the east outline of the Department of Housing and Community
Development -University of Maryland Project H,] Northerly 500 feet, more
or less, to intersect the center line of Fayette Street; thence binding on the
center line of said Fayette Street, crossing Diamond Street, [and on the north
outline of said University of Maryland Project H,] Westerly 361 feet, more or

288 ORDINANCES Ord. No. 101

less, to intersect the east side of Greene Street, as now laid out 66 feet wide;
thence binding on the east side of said Greene Street, crossing Lexington
Street, [and on the east outline of the Department of Housing and Community
Development -Orchard-Biddle Urban Renewal Project,] Northerly 860 feet,
more or less, to intersect the south side of (said] Saratoga Street; thence bind-
ing on the south side of said Saratoga Street, [and on a south outline of said
Orchard-Biddle Urban Renewal Project,] crossing Paca Street, Easterly 394
feet, more or less, to intersect the east side of Paca Street, as now laid out 82.5
feet wide; thence binding on the east side of said Paca Street, [and on the east
outline of said Orchard-Biddle Urban Renewal Project,] crossing Saratoga
Street and Mulberry Street, Northerly 747 feet, more or less, to intersect the
south side of Franklin Street, as now laid out 70 feet wide; thence binding on
the south side of said Franklin Street, crossing Jasper Street and Eutaw
Street, [and on a south outline of said Orchard Biddle Urban Renewal Project,]
Easterly 388 feet, more or less, to intersect the east side of said Eutaw Street
and thence binding on the east side of said Eutaw Street, crossing Franklin
Street, George Street, Centre Street, Druid Hill Avenue, McCulloh Street,
and Monument Street, [and on the east outline of said Orchard-Biddle Urban
Renewal Project,] Northerly 1,275 feet, more or less, to the place of beginning.

Sec. 3. And be it further ordained, That it is necessary to acquire by purchase
or by condemnation, for urban renewal purposes, the fee simple interest or any
lesser interest in and to the following properties or portions thereof, together
with all right, title, interest and estate that the owner or owners of said property
interests may have in all streets, alleys, ways or lanes, public or private, both
abutting the whole area described andyor contained within the perimeter of said
area, situate in Baltimore City, Maryland, and described as follows:

419 N. Eutaw Street
421 N. Eutaw Street
423 N. Eutaw Street
425-27 N. Eutaw Street

510 W. Fayette Street

211 W. FRANKLIN STREET

213-15 W. FRANKLIN STREET

309-11 W. Franklin Street

319 W. Franklin Street (portion only)

415 W. Franklin Street

417 W. Franklin Street

419 W. Frankhn Street

421 W. Franklin Street

423 W. Franklin Street

425 W. Franklin Street

113-19 N. Greene Street

211 W. MULBERRY STREET
215-17 W. MULBERRY STREET
306 W. Mulberry Street

ORDINANCES 289

410 W. Mulberry Street
414 W. Mulberry Street
416 W. Mulberry Street

418 W. Mulberry Street

420 W. Mulberry Street

422 VV. Mulberry Street
424 VV. Mulberry Street

426 W. Mulberry Street
428 W. Mulberry Street

419 N. Paca Street

421 N. Paca Street

423 N. Paca Street

308 Park Avenue

310 Park Avenue
314 Park Avenue
400-04 PARK AVENUE
408 PARK AVENUE
412 PARK AVENUE
414 PARK AVENUE

324-26 Pierce Street

202-04 W. PLEASANT STREET

208 W. PLEASANT STREET

209 W. PLEASANT STREET

311 T>'Son Street
313-17 TYSON STREET
319-23 TYSON STREET
421-25 TYSON STREET

427 TYSON STREET

Sec 4. And be it further ordained, That it is necessary to delete the following
property AND IT IS HEREBY DELETED from the list of properties to be ac-
quired in Ordinance No. 124, dated July 11, 1980:

222-24 N. Eutaw Street

Sec b. And be it further ordained, That the Real Estate Acquisition Division of
the Department of the Comptroller, or such person or persons and in such man-
ner as the Board of Estimates, in the exercise of the power vested in it by Article
V, Section 5 of the Baltimore City Charter, may hereafter from time to time
designate, is or are authorized to acquire on behalf of the Mayor and City Council
of Baltimore and for the purposes described in this o r di t mnc e ORDINANCE, the
fee simple interest or any lesser interest in and to the properties or portions
thereof hereinabove mentioned. If the said R e al Eatat e Acquiaition Division,
PERSON OR PERSONS of th e D r part me nt o f t he Comptroll e r, o r such p e raun
o r p er auna, and in auch ma t w icr aa th e Board of Eat ir t i at e a i n th e e x e rcia e of th e
pow e r v e at e d i n it by Art i cl e V, S e ction 5 of th e Baltimo re City Cha r t e r, may

290 ORDINANCES Ord. No. 101

h e r e aft e r from time to tim e designate is or are unable to agree with the owner or
owners on the purchase price for said properties or portions thereof, it or they
shall forthwith notify the City Solicitor of Baltimore City, who shall thereupon
institute in the name of the Mayor and City Council of Baltimore the necessary
legal proceedings to acquire by condemnation, the fee simple interest or any
lesser interest in and to said properties or portions thereof.

Sec. 6. And be it further ordained, That the Permitted Uses, as contained in
the amended Urban Renewal Plan under Section C.I., shall be revised to prohibit
amusement arcades within the project area.

Sec 7. And be it further ordained, That the boundaries of certain existing
disposition/development lots shall be modified and certain new disposi-
tion/development lots for commercial, mixed, or residential use shall be created,
all as shown in the amended Urban Renewal Plan on Exhibit 2, Property Acquisi-
tion/Land Disposition/Development Areas, dated as revised F e bruary 17, 1064
MAY 28, 1984.

Sec 8. And be it further ordained. That the standards and controls provided
and/or revised for certain disposition/development lots, as contained in the
amended Urban Renewal Plan under Section F.2., dated as revised February 17,
1984, are hereby approved.

SEC. 9. AND BE IT FURTHER ORDAINED, THAT THE CHANGES IN
LAND USE OF CERTAIN PROPERTIES, AS SHOWN ON EXHIBIT 1,
LAND USE PLAN, DATED AS REVISED FEBRUARY 17, 1984, ARE
HEREBY APPROVED.

SEC. 10. AND BE IT FURTHER ORDAINED, THAT SECTION K.l. OF
THE URBAN RENEWAL PLAN, ENTITLED "ZONING" BE AMENDED TO
READ AS FOLLOWS:

"ALL APPROPRIATE PROVISIONS OF THE ZONING ORDINANCE OF
BALTIMORE CITY SHALL APPLY TO PROPERTIES WITHIN THE PROJ-
ECT AREA. ANY CHANGE IN THE ZONING ORDINANCE EMBODIED IN
THIS URBAN RENEWAL PLAN. AND DESIGNATED ON EXHIBIT 3, ZON-
ING DISTRICTS, SHALL BE APPROVED BY ORDINANCE IN ACCORD-
ANCE WITH THE PROCEDURAL REQUIREMENTS OF THE ZONING
ORDINANCE AND ARTICLE 66-B OF THE ANNOTATED CODE OF
MARYLAND (1957 EDITION, AS AMENDED)."

Sec. 9 11. And be it further ordained, That the section on Compliance in the
Property Rehabilitation Standards, Appendix A of the Urban Renewal Plan shall
be revised. Therefore, Page 25, lines 29-50 through Page 26, lines 51-58 of
Ordinance 657, dated June 8, 1982 are hereby amended to read as follows:

"III. COMPLIANCE

All rehabilitation work necessary to meet the above standards for the
Market Center shall be completed within two (2) years in the Special areas
and within four (4) years in other areas from the effective date of Ordinance

ORDINANCES 291

No. 124, approved July 11, 1980 unless extended by the Commissioner of the
Department of Housing and Community Development. Thereafter, all work
shall be completed in accordance with the date of completion set forth in the
notice from the Commissioner. Areas incorporated within the Market Center
project boundaries after July 11, 1980, must complete rehabilitation work
imthin two (2) years from the effective date of the Oi ' diitanee ORDINANCE
in which the new areas were first included. No work, alterations or im-
provements shall be undertaken after enactment of Ordinance No. 124, ap-
proved July 11, 1980 which does not conform with the requirements herein.
However, the Commissioner may waive compliance with one or more of
these standards if such waiver is determined by the Commissioner not to
adversely affect the Property Rehabilitation Objectives for the Market
Center area. If the City and a property owner have entered into an agree-
ment with respect to the rehabilitation of that owner's building(s), then com-
pliance with the standards hereinabove set forth shall be waived by the Com-
missioner, provided that the Commissioner determines that such waiver
does not adversely affect the Property Rehabilitation Objectives of the
Market Center. Nothing herein shall be construed to permit any sign, con-
struction, alteration, change, repair, use of any other matter otherwise for-
bidden or restricted or controlled by any other public law."

Sec. i^ 12. And be it further ordained, That any person violating the provi-
sions of Section 9 11 of this ordinance ORDINANCE shall be guilty of a misde-
meanor and shall be subject to a fine not exceeding One Hundred Dollars
($100.00) and that each day's violation shall constitute a separate offense.

Sec. H 13. And be it further ordained, That the revised Exhibits: Exhibit 1,
entitled Land Use Plan. DATED AS REVISED FEBRUARY 17, 1984; Exhibit
2, entitled Property Acquisition/Land Disposition/Development Area AREAS,
DATED AS REVISED MAY 28, 1984; and Exhibit 3, entitled Zoning Districts,
dated as revised February 17, 1984, are hereby approved.

Sec \2 14. And be it further ordained, That in whatever respect, if any,
the Renewal Plan approved hereby for the Market Center area may not meet the
requirements as to the content of a renewal plan or the procedure for the
preparation, adoption, and approval of renewal plans as provided in Article 13 of
the Baltimore City Code (1983 Replacement Volume), the said requirements are
hereby waived and the amended Renewal Plan approved hereby is exempted
therefrom.

Sec i3 15. And be it further ordained. That in the event it be judicially de-
termined that any word, phrase, clause, sentence, paragraph, section or part in
or of this o r dinance ORDINANCE, or the application thereof to any persons or
circumstances is invalid, the remaining provisions and the application of such
provisions to other persons or circumstances shall not be affected thereby, the
Mayor and City Council hereby declaring that they would have ordained the re-
maining provisions of this o r dinanc e ORDINANCE without the word, phrase,
clause, sentence, paragraph, section or part, or the application thereof so held
invalid.

292 ORDINANCES Ord. No. 101

Sec 14 16. And be it further ordained, That in any case where a provision of
this ordinance concerns the same subject matter as an existing provision of any
zoning, building, electrical, plumbing, health, fire or safety ordinance, or code or
regulation, the applicable provisions concerned shall be construed so as to give
effect to each; provided, however, that if such provisions are found to be in ir-
reconcilable conflict with an existing provision of any other ordinance or code or
regulation in force in the City of Baltimore which establishes a lower standard
for the promotion and protection of the public health and safety, the provision of
this ordinanc e ORDINANCE shall prevail, and the other existing provision of
such other ordinance or code or regulation is hereby repealed to the extent that it
may be found in conflict with this ordinanc e ORDINANCE.

Sec 16 17. And be it further ordained, That this ordinanc e ORDINANCE shall
take effect from the date of its passage.

Approved June 19, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 102
(Council No. 253)
AN ORDINANCE concerning

SUPPLEMENTARY APPROPRIATION -
DEPARTMENT OF PUBLIC WORKS

FOR the purpose of providing a supplementary special fund appropriation in the
amount of Ninety-two Thousand Five Hundred Dollars ($92,500) to the
Department of Public Works to be used for the acquisition of a parcel of land
located southwest of Haines Street in the Carroll Industrial Park to be used in
connection with the operation of the Southwest Resource Recovery Facility.

BY authority of

Article VI -Board of Estimates

Section 2(hX3)

Baltimore City Charter (1984 Revision as amended)

WiiKKEAS, the money appropriated herein represents the amount of a payment
to be made to the Mayor and City Council of Baltimore (the "City") by the North-
east Maryland Waste Disposal Authority (the "Authority") in connection with the
leasing by the City to the Authority of a parcel of land located southwest of
Haines Street in the Carroll Industrial Park in Baltimore City (the "Property"),
such amount being in addition to the revenues estimated and relied upon by the
Board of Estimates in deternuning the tax levy required to balance the budget
for the 1984 fiscal year, and said money is therefore available for appropriation
to the Department of Public Works pursuant to the provisions of Article VI, Sec-
tion 2(h) of the Baltimore City Charter (1964 Revision as amended); and

ORDINANCES 293

Whkreas, the additional sum herein appropriated is for a new prot^rani which
could not reasoFiably be anticipated at the time of formulation of the proposed
Ordinance of Estimates for the 1984 fiscal year, in accordance with Article VI,
Section 2(hX3) of said Charter; and

WntKbiAS, the supplementary special fund appropriation ordained herein has
been recommended to the City Council by the Board of Estimates at a rej^lar
meeting of said Board held on the 2nd day of May, 1984, in accordance with Arti-
cle VI, Section 2(hX3) of said Charter.

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That
under the provisioins of Article VI, Section 2(hX3) of the 1964 Revision of the
Charter of Baltimore City as amended, the sum of Ninety-two Thousand Five
Hundred Dollars ($92,500) shall be made available to the Department of Public
Works of the City as a supplementary special fund appropriation for the fiscal
year ending June 30, 1984 for the purpose of the acquisition of the Property. The
amount thus made available as a supplementary special fund appropriation shall
be expended from the amount of a payment to be made to the City by the
Authority in connection with the leasing of the Property by the City to the
Authority, said amount being in excess of the amount from this source which was
estimated and relied upon by the Board of Estimates in determining the tax levy
required to balance the budget for the 1984 fiscal year; and said amount shall be
the source of revenue for this supplementary special fund appropriation, as re-
quired by Article VI, Section 2 of the Baltimore City Charter (1964 Revision as
amended).

Sec. 2. And be it further ordained. That this ordinance shall take effect from
the date of its passage.

Approved June 19, 1984

WILLIAM DONALD SCHAEFER, Mayo,

No. 103
(Council No. 306)

AN ORDINANCE concerning

INDUSTRIAL DEVELOPMENT REVENUE BONDS -
(UNIVERSAL MARBLE AND GRANITE COMPANY PROJECT)

F'OR the purpose of authorizing and empowering the Mayor and the City Council
of Baltimore to issue and sell, at any time or from time to time and in one or
more series, as limited obligations of the City and not upon its full faith and
credit, its industrial development revenue bonds, in the aggregate principal
amount not to exceed $700,000, pursuant and in accordance with, the
Maryland Economic Development Revenue Bond Act, Sections 266-A to 266-1,

294 ORDINANCES Ord. No. 103

inclusive of Article 41 of the Annotated Code of Maryland (1983 Cumulative
Supplement) (the "Act"), as amended, for the purpose of financing the acquisi-
tion of approximately one acre of real property located at 1301-1325 Ridgely
Street in Baltimore City, the renovation of an approximately 31,200 square
foot building thereon, and the purchase and installation of certain machinery,
equipment and other improvements therein, to be owned by Aaron I. Levy, a
resident of the State of Maryland, and to be leased to Universal Marble &
Granite Company, a Maryland corporation, as the sole tenant, for use as a
manufacturing and warehouse facility; authorizing the Mayor of the City, on
behalf of the City, to accept the letter of intent dated May 7, 1984 to the City;
making certain legislative findings; reserving in the City certain rights con-
cerning the issuance of such bonds; authorizing and empowering the Board of
Finance of the City, by a resolution or resolutions adopted prior to the is-
suance, sale and delivery of any series of such bonds, to (a) approve the is-
suance of such bonds, (b) prescribe, among other things but not limited to, the
form, terms, provisions, manner or method of issuing and selling (including
negotiated as well as competitive bid sale), and the time or times of issuance,
and any and all other details of such bonds, and (c) do any and all things
necessary, proper or expedient in connection with the issuance and sale of
such bonds; providing that Aaron I. Levy shall agree to submit any plans
and specifications to, and to coordinate with, the Department of Housing and
Community Development in connection with the completion of such facility;
providing that such bonds (or bond anticipation notes issued in anticipation of
the issuance of such bonds) must be issued and sold within six months from the
date this Ordinance is approved by the Mayor, unless the Board of Finance
approves one six month extension as provided in this Ordinance; authorizing
the issuance of notes in anticipation of the issuance of such revenue bonds; and
generally providing for and determining various matters and details in con-
nection with the issuance and sale of such bonds and bond anticipation
notes.

RECITALS

The Act empowers the Mayor and the City Council of Baltimore (the "City") to
borrow money to finance undertakings for the accomplishment of any of the pur-
poses, objects and powers of the City and in connection therewith to issue bonds,
notes, or other obligations (including refunding bonds, notes or other
obligations), all of which shall be fully negotiable, payable, as to both principal
and interest, solely from and secured solely by a pledge of (I) the revenues from
or arising in connection with the property, facilities, developments and im-
provements whose financing is undertaken by the issuance of such bonds, notes
or other obligations, (II) the revenues from or arising in connection with any con-
tracts, mortgages or other securities purchased or otherwise acquired with the
proceeds of such bonds, notes or other obligations, (III) the contracts, mortgages
or other securities purchased or otherwise acquired with the proceeds of such
bonds, notes or other obligations, or (IV) any combination of (I), (II) or (III). The
purposes, objects and powers of the City contemplated by the Act include the
relief of conditions of unemployment in Baltimore City, encouraging the increase
of industry and a balanced economy in Baltimore City, promoting economic
development in Baltimore City, and promoting the health, welfare and safety of
the residents of Baltimore City.

ORDINANCES 295

The City has received a letter of intent dated May 7, 1984 (the "Letter of In-
tent") from Aaron I. Levy (the "Borrower"), pursuant to which the Borrower has
requested the City to participate in the financing of the costs of the completion
by the Borrower of a certain facility in Baltimore City, Maryland (the "Facility"),
by issuing and selling the City's industrial development revenue bonds in the ag-
gregate principal amount not to exceed $700,000 (the "Bonds"), and by making
the proceeds of the Bonds available to the Borrower to be used by the Borrower
for the sole and exclusive purpose of financing the costs of the completion of the
Facility by the Borrower. The Borrower anticipates that such financing may be
insured by the Maryland Industrial Development Financing Authority.

The Facility, which is an "undertaking" which will accomplish the purposes, ob-
jects and powers of the City as mentioned in the Act, will consist generally of (a)
the acquisition of a tract of land containing approximately one acre located at
1301-1325 Ridgely Street in Baltimore City, (b) the renovation of an approx-
imately 31,200 square foot building thereon, consisting of manufacturing and
warehouse space, (c) the acquisition and installation in such building of any or all
machinery and equipment, and any or all other improvements therein, as may be
necessary or useful in connection with the operation thereof, and (d) the acquisi-
tion of such other interests in land as may be necessary or suitable for the
foregoing, including roads and rights of access, utilities and other necessary site
preparation facilities. Upon completion, the Facility will be owned by the Bor-
rower and leased to Universal Marble and Granite Company, a Maryland cor-
poration, as the sole tenant, for use as a manufacturing and warehouse facility.

The Act provides that the City may authorize and empower the Board of
Finance of the City (the "Board") by resolution to determine and set forth the
form, terms, provisions, manner or method of issuing and selling (including
negotiated as well as competitive bid sale), and the time or times or issuance, and
any and all other details of the Bonds and the issuance and sale thereof, and to do
any and all things necessary, proper or expedient in connection with the issuance
and sale of the Bonds.

NOW, THEREFORE, IN ACCORDANCE WITH THE ACT:

Section \. Be it ordained by the Mayor atid City Council of Baltimore, That
acting pursuant to the Act, it is hereby found and determined as follows:

(1) The issuance and sale of the Bonds by the City pursuant to the Act in order
to make the proceeds thereof available to the Borrower for the sole and exclusive
purpose of financing the costs of completion of the Facility will facilitate and ex-
pedite the completion of the Facility by the Borrower.

(2) The completion of the Facility by the Borrower and the financing of the
costs of such completion as provided in this Ordinance will serve to promote the
general purposes contemplated by the Act by (a) sustaining jobs and employment
in Baltimore City; (b) promoting economic development in Baltimore City; (c)
encouraging the increase of industry and a balanced economy in Baltimore City;
(d) allowing the Borrower to maintain its commercial operations in Baltimore
City.

296 ORDINANCES Ord. No. 103

(3) Any and all of the Bonds shall not be general obligations of the City and
shall not be a pledge of or involve the faith and credit or the taxing power of the
City, and shall not constitute a debt of the City, all within the meaning of Section
7 of Article XI of the Constitution of Maryland or within the meaning of any
other constitutional, statutory or charter provision limiting or restricting the
sale or issuance of bonds, notes or other obligations of the City. All the Bonds
shall be limited obligations of the City, and shall be fully negotiable, payable, as
to both principal and interest, solely from and secured solely by a pledge of (I) the
revenues from or arising in connection with the Facility, (II) the revenues from
or arising in connection with any contracts, mortgages or other securities pur-
chased or otherwise acquired with the proceeds of the Bonds, (III) the contracts,
mortgages or other securities purchased or otherwise acquired with the proceeds
of the Bonds, or (IV) any combination of (I), (II) or (III), all as the Board may ap-
prove by a resolution or resolutions adopted prior to the issuance, sale and
delivery of any of the Bonds.

Sec. 2. And be it further ordained, That the City is hereby authorized and em-
powered to issue and sell, at any time or from time to time and in one or m^re
series, as limited obligations of the City and not upon its full faith and credit, its
industrial development revenue bonds, in the aggregate principal amount not to
exceed $700,000, subject to the provisions of this Ordinance. The proceeds of the
Bonds will be made available to the Borrower under terms and conditions ap-
proved by the Board and set forth in a Resolution, and used by the Borrower for
the sole and exclusive purpose of financing the costs of the completion of the
Facility. The City has been informed that the Borrower anticipates that the
Bonds may be insured by the Maryland Industrial Development Financing
Authority.

Sec. 3. And be it further ordained, That this Ordinance constitutes the present
intent of the City to issue the Bonds, and the Mayor of the City is hereby
authorized to accept the Letters of Intent on behalf of the City in order to further
evidence the present intent of the City to issue the Bonds in accordance with the
terms and provisions of this Ordinance. The City intends that the enactment of
this Ordinance shall be and constitute "official action" within the meaning of Sec-
tion 1.103-8(aX5) of the Income Tax Regulations prescribed by the United States
Department of Treasury pursuant to Section 103 of the Internal Revenue Code
of 1954, as amended. The City and the Borrower contemplate that, upon the ef-
fectiveness of this Ordinance, the Borrower may commence the acquisition of the
Facility prior to the issuance, sale and delivery of the Bonds; provided, however
that if the Borrower proceeds with the acquisition of the Facility prior to the
adoption of a resolution by the Board, as described in Section 5(a) below, the Bor-
rower does so at his own risk.

Sec. \. And be it further ordained, That the City reserves the right, in its sole
and absolute discretion, to take any actions deemed necessary by the City in
order to insure that the City (a) complies with present federal and State laws and
any pending or future federal or State legislation, whether proposed or enacted,
which may restrict the issuance of industrial development bonds, and (b) issues
its bonds (within the meaning of the Enabling Law and any present or future
State and local laws), within the limits imposed by any such present laws or any
such pending or future legislation or any future local laws, to finance those

ORDINANCES 297

facilities which the City determines, in its sole and absolute discretion, will pro-
vide the greatest benefit to the City.

Pursuant to the provisions of this Section 4, the City reserves the right, in its
sole and absolute discretion, to, among other things, (1) never issue the Bonds, (2)
issue only a portion of the aggregate principal amount of the Bonds requested by
the Applicant, (3) restrict the use of the proceeds of the Bonds, (4) delay in-
definitely the issuance of the Bonds, or (5) take any other actions deemed
necessary by the City, in its sole and absolute discretion, in order to insure that
the City achieves the goals set forth in the preceding paragraph.

In addition, in the event that any present law or any pending or future legisla-
tion limits or would limit (by a volume cap or otherwise) the City's ability to issue
bonds or other obligations, the interest payable on which is to be exempt from
federal income taxation, the City reserves the right to choose to issue its bonds
(within the meaning of the Act and any present or future State and local laws) for
facilities other than the Facility, in such order of priority as it may determine in
its sole and absolute discretion.

Sec. 5. And be it further ordained, That, as permitted by the Act, the Board is
hereby authorized and empowered, by a resolution or resolutions adopted prior
to the issuance, sale and delivery of any of the Bonds, to:

(a) approve the issuance of the Bonds;

(b) prescribe, among other things but not limited to, the form, terms, provi-
sions, manner or method of issuing and selling (including negotiated as well as
competitive bid sale), and the time or times of issuance, and any and all other
details of the Bonds and the issuance and sale thereof;

(c) approve (i) the pledge or assignment by the City of any of the security
described in Section 6 of this Ordinance, pursuant to a trust agreement or similar
agreement, (ii) the form of any such trust agreement or similar agreement, as
provided in the Act, and (iii) such provisions in any such trust agreement or
similar agreement as the Board may deem reasonable and proper for the security
of the holders of the Bonds;

(d) approve the terms and conditions, including but not limited to the terms and
conditions of any documents to be executed and delivered by the City (other than
customary financing statements and closing certificates), under which the pro-
ceeds of the Bonds will be made available to the Borrower to finance the costs of
the completion of the Facility; and

(e) do any and all things necessary, proper or expedient in connection with the
issuance, sale and delivery of the Bonds.

Sec. 6. And be it further ordained. That any and all of the Bonds shall not be
general obligations of the City and shall not be a pledge of or involve the faith
and credit or the taxing power of the City, and shall not constitute a debt of the
City, all within the meaning of Section 7 of Article XI of the (Constitution of
Maryland or any other constitulional, statutory or charter provision limiting or

298 ORDINANCES Ord. No. 103

restricting the sale or issuance of bonds, notes or other obligations of the City.
All of the Bonds shall be limited obligations of the City, and shall be fully
negotiable, payable, as to both principal and interest, solely from and secured
solely by a pledge of (I) the revenues from or arising in connection with the Facili-
ty, (II) the revenues from or arising in connection with any contracts, mortgages
or other securities purchased or otherwise acquired with the proceeds of the
Bonds, (III) the contracts, mortgages or other securities purchased or otherwise
acquired with the proceeds of the Bonds, or (IV) any combination of (I), (II) or
(III), all as the Board may approve by a resolution or resolutions adopted prior to
the issuance, sale and delivery of any of the Bonds.

Sec. 7. And be it further ordained, That the Borrower shall agree that:

Sec. 8. And be it further ordained, That any and all of the Bonds shall be ex-
ecuted in the name of the City and on its behalf by the Mayor of the City, by his
manual or facsimile signature, and by the Director of Finance of the City, by his
manual or facsimile signature, and the corporate seal of the City or a facsimile
thereof shall be impressed or otherwise reproduced thereon and attested by the
Custodian of the City Seal, by his manual signature. Any trust agreement or
other documents as the Board shall deem necessary to effectuate the issuance,
sale and delivery of the Bonds shall be executed in the name of the City and on its
behalf by the Mayor of the City by his manual or facsimile signature, and the cor-
porate seal of the City or a facsimile thereof shall be impressed or otherwise
reproduced thereon and attested by the Custodian of the City Seal by his manual
signature. In case any officer whose signature or a facsimile of whose signature
shall appear on the Bonds or any of the aforesaid documents shall cease to be
such officer before the delivery of the Bonds or any of the other aforesaid
documents, such signature or such facsimile shall nevertheless be valid and suffi-
cient for all purposes, the same as if such officer had remained in office until
delivery. The Mayor of the City, the Director of Finance of the City, the Custo-
dian of the City Seal and other officials of the City are hereby authorized and em-
powered to do all such acts and things and execute such documents and cer-
tificates as the Board may determine by resolution to be necessary to carry out
and comply with the provisions hereof.

Sec. 9. And be it further ordained, That any and all necessary financing
statements required for the consummation of the transactions authorized by this
Ordinance may be executed on behalf of the City by the Mayor of the City or by
the Chief, Bureau of Treasury Management of the City or by such other ap-
propriate official of the City as may be designated by the Mayor of the City to ex-
ecute such financing statements.

ORDINANCES 299

Sec. 10. And be it further ordained, That the authority to issue the Bonds is in-
tended and shall be deemed to include the authority to issue bond anticipation
notes pursuant to Section 12 of Article 31 of the Annotated Code of Maryland
(1983 Replacement Volume), as amended (the "Bond Anticipation Note Enabling
Legislation"). Reference in this Ordinance to the "Bonds" shall include such bond
anticipation notes where appropriate. Prior to the issuance, sale and delivery of
any series of bond anticipation notes, the Board shall adopt a resolution or resolu-
tions, to:

(a) approve the issuance of such bond anticipation notes;

(d) approve the terms and conditions, including but not limited to the terms and
conditions of any documents to be executed and delivered by the City (other than
customary financing statements and closing certificates), under which the pro-
ceeds of such bond anticipation notes will be made available to the Borrower to
finance the costs of the completion of the Facility; and

(e) do any and all things necessary, proper or expedient in connection with the
issuance, sale and delivery of such bond anticipation notes.

In accordance with the Bond Anticipation Note Enabling Legislation the City
hereby covenants to pay any bond anticipation notes issued pursuant to this Sec-
tion of this Ordinance and the interest thereon from the proceeds of the Bonds in
anticipation of the sale of which such notes are issued, and the City hereby fur-
ther covenants to issue such Bonds, as the case may be, when, and as soon as, the
reason for deferring the issuance of the Bonds no longer exists. The timely is-
suance of such Bonds, however, is dependent upon matters not within the control
of the City, including (without limitation) the existence of a purchaser or pur-
chasers for such Bonds at the lime the reason for deferring the issuance of the
Bonds no longer exists and the effectiveness of various actions taken by the Bor-
rower, its officers, agents and employees.

St:( . II. And be it further ordained. That the provisions of this Ordinance are
severable, and if any provision, sentence, clause, section or part hereof is held il-
legal, invalid or unconstitutional or inapplicable to any person or circumstances,
such illegality, invalidity or unconstitutionality, or inapplicability shall not affect
or im{)air any of the remaining provisions, sentences, clauses, sections, or parts
of this Ordinance or their application to other persons or circumstances. It is
hereby declared to be the legislative intent that this Ordinance would have been

300 ORDINANCES Ord. No. 104

passed if such illegal, invalid or unconstitutional provision, sentence, clause, sec-
tion or part had not been included herein, and if the person or circumstances to
which this Ordinance or any part hereof are inapplicable had been specifically
exempted herefrom.

Sec. 12. And be it further ordained, That either the Bonds or bond anticipation
notes issued pursuant to Section 10 of this Ordinance in anticipation of the is-
suance of the Bonds must be issued and sold within six months from the date on
which this Ordinance is approved by the Mayor of the City; provided, however,
that the Board, after a showing of good cause at a public hearing held before the
Board prior to or after the expiration of such six month period, may extend the
period during which either the Bonds or such bond anticipation notes may be
issued and sold for one additional term not to exceed six months from the date on
which the first six month period expired. The Board, in its sole discretion, and
without action by the City Council, shall determine the sufficiency, or lack
thereof, of the reasons presented for any requested extension of the six month
period. If an extension is granted, notice of such extension and the reasons
therefor must be sent to the City Council. To the extent that neither the Bonds
nor such bond anticipation notes are issued and sold within twelve months from
the date on which this Ordinance is approved by the Mayor of the City, the
authority provided in this Ordinance for the City to issue and sell the Bonds and
such bond anticipation notes shall expire.

Sec. 13. And be it further ordained, That this Ordinance shall take effect from
the date of its passage.

Approved June 21, 1984

WILLIAM DONALD SCHAEFER. Mmjor.

No. 104
(Council No. 117)

AN ORDINANCE concerning

CITY PROPERTY -SALE

FOR the purpose of authorizing the Mayor and City Council of Baltimore to sell
either at public or private sale all the interest of the Mayor and City Council of
Baltimore in and to a certain parcel of land no longer needed for public use
located at the Northwest Corner Fallsway and North Gay Street, Block
1265-A, Lots 1 and 29, also known as 218 North Gay Street.

BY authority of

Article V- Comptroller

Section 5(b)

Baltimore City Charter (1964 Revision as amended)

Section \. Beit ordained by the Mayor and City Council of Ballunore. That
the Comptroller of Baltimore City be and he is hereby authorized to sell at either

ORDINANCES 301

public or private sale in accordance with Article V Section 5(b) of the City
Charter, all of the interest of the Mayor and City Council of Baltimore in and to
that parcel of land situate in Baltimore, Maryland, and described as follows:

BEGINNING for the same at the point formed by the intersection of the
northeast side of Fallsway, as now laid out 120 feet wide, and the northwest
side of Gay Street, as now laid out, and running thence binding on the north-
west side of said Gay Street, Northeasterly 18 feet, more or less, to intersect
the center line of the partition wall between the 4 story brick building (now
razed) on the lot being herein described known as No. 218 N. Gay Street and
the 4 story brick building situate on the lot adjoining on the northeast thereof
known as No. 220/222 N. Gay Street; thence binding on the center line of said
partition wall, and reversely on the third line of the parcel of land conveyed by
Beryl Cohen and Wife to the Mayor and City Council of Baltimore by deed
dated July 24, 1957 and recorded among the Land Records of Baltimore City
in Liber J.F.C. No. 160, Folio 403, there situate, Northwesterly 77 feet, more
or less, to intersect the southeast side of a 10 foot alley, there situate; thence
binding on the southeast side of said 10 foot alley, Southwesterly 24 feet, more
or less, to intersect the northeast side of said Fallsway, and thence binding on
the northeast side of said Fallsway, Southeasterly 79 feet, more or less, to the
place of beginning.

Said property being no longer needed for public use.

Sec. 2. Be it further ordained. That no deed or deeds shall pass in accordance
herewith until the same shall have been first approved by the City Solicitor.

Sec. 3. And be it further ordained. That this ordinance shall take effect from
the date of its passage.

Approved June 20, 1984

WILLIAM DONALD SCHAEFER. Mayor.

302 ORDINANCES Ord. No. 105

No. 105
(Council No. 139)
AN ORDINANCE concerning

ZONING- APPROVAL FOR CONDITIONAL USE
HOUSING FOR THE ELDERLY -2701, 2705 WALBROOK AVENUE

FOR the purpose of granting permission for the establishment, maintenance and
operation of housing for the elderly on the properties known as 2701, 2705
Walbrook Avenue, as outlined in red on the plats accompanying this
ordinance.

BY authority of
Article 30 -Zoning
Sections 6.3-ld and 11.0-6d
Baltimore City Code (1983 Replacement Volume, as amended)

Section I. Be it ordained by the Mayor and City Council of Baltimore, That
permission is hereby granted for the establishment, maintenance and operation
of housing for the elderly on the properties known as 2701, 2705 Walbrook
Avenue as outlined in red on the plats accompanying this ordinance, under the
provisions of Sections 6.3-ld and 1 1 .0-6d of Article 30 of the Baltimore City Code
(1983 Replacement Volume, as amended) title "Zoning".

Sec. 2. And be it further ordained, That upon passage of this ordinance by the
City Council, as evidence of the authenticity of the plat which is a part hereof and
in order to give notice to the departments which are administering the Zoning
Ordinance, the President of the City Council shall sign the plat and when the
Mayor approves the ordinance, he shall sign the plat. The Director of Finance
shall then transmit a copy of the ordinance and one of the plats to the following:
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com-
missioner of the Department of Housing and Community Development, the
Supervisor of Assessments for Baltimore City and the Zoning Administrator.

Sec. 3. And be it further ordained, That this ordinance shall take effect thirty
days from the date of its passage.

Approved June 20, 1984

WILLIAM DONALD SCHAEFEK. Mayor.

ORDINANCES 303

No. 106
(Council No. 162)

AN ORDINANCE concerning

METROPOLITAN DISTRICT EXTENSION

FOR the purpose of consenting to and approving a Petition, dated March 1,
1979, for the extension of the MetropoUtan District of Baltimore County to a
tract of land in the Second and Fourth Election Districts along the Owings
Mills Town Center south of Dolfield Road and north and west of Painters Mill
Road and Meadow Road and in accordance with the provisions of Chapter 539
of the Acts of the General Assembly of Maryland 1924, as amended by
Chapter 515 of the Acts of 1955.

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That
the Petition, dated November 21, 1983, for the extension of the Metropolitan
Districts of Baltimore County to a tract of land in the Second and Fourth Elec-
tion Districts of Baltimore County along the Owings Mills Town Center south of
Dolfield Road and norih and west of Painters Mill Road and Meadow Road, more
particularly shown on two plats filed in the Department of Public Works of
Batimore County numbered 82-0002 is in accordance with the authority granted
by Chapter 539 of the Acts of the General Assembly of Maryland 1924, and
amended by Chapter 515 of the Acts of 1955 hereby consented to and approved.

Sec. 2. And be it further ordained, That this ordinance shall take effect from
the date of its passage.

Approved June 20, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 107
(Council No. 165)

AN ORDINANCE concerning

VEHICULAR TRAFFIC IN MALLS

FOR the purpose of authorizing the Commissioner of Transit and Traffic to
regulate by administrative action the types of vehicles and the hours they are
permitted in certain ahuppmg TRANSIT malls.

BY adding

Article 31 -Transit and Traffic

Subtitle -Commissioner of Transit and Traffic

Sec t i on 2(23a) SECTIONS 2(25) AND 28(43A)

Baltimore City Code (1983 Replacement Volume, as amended)

304 ORDINANCES Ord. No. 108

ARTICLE 31 -TRANSIT AND TRAFFIC

Commissioner of Transit and Traffic

2. Powers and duties.

(t^ (25) E s lablu i h by adminu i traliv e aetivn ADOPT AND PROMULGATE
rules and regulations which prohibit certain types of vehicular traffic during
certain hours in order to improve the movement of pedestrians and transit
vehicles on certain streets designated by the Commissioner as transit malls.

28. DEFINITIONS LISTED.

(43A) TRANSIT MALL. A TRANSIT MALL IS A STREET SO
DESIGNATED BY THE COMMISSIONER UPON WHICH VEHICULAR
TRAFFIC OTHER THAN TRANSIT VEHICLES IS PROHIBITED DURING
CERTAIN HOURS BY RULE OR REGULATION ADOPTED AND PRO-
MULGATED BY THE COMMISSIONER.

Sec. 2. And be it further ordained, That this ordinance shall take effect thirty
days from the date of its passage.

Approved June 20, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 108
(Council No. 196)

AN ORDINANCE concerning

WAIVER OF CERTAIN BUILDING CODE PROVISION

FOR the purpose of waiving a certain provision of Article 32 of the Baltimore
City Code (1983 Supplement), said Article being known generally as the
Building Code of Baltimore City, in order to permit certain permafient im-
provements to be constructed under the public way at a certain location in the
City in connection with the project to be known as 100 Hopkins Place.

BY waiving

Article 32 -Baltimore City Building Code
Subtitle -Permanent Projections in Streets
Section 310.1
Baltimore City Code (1982 Supplement)

Section 1. Be it ordained by the Mayor and City Council of BaUimort'. That
the provisions of Section 310.1, entitled "Subsurface structures." of Article 32 of

ORDINANCES 305

the Baltimore City Code (1982 Supplement), said Article known generally as the
Building Code of Baltimore City, be and they are hereby waived in order to per-
mit the construction and maintenance, at the cost and expense of the property
owner, of a permanent 61 inch projection of concrete pile caps to support the
building columns, which piles and pile caps are to be constructed within the area,
beginning at a point on the south side of Lombard Street, approximately 21.71'
Easterly from the south east corner of Howard and Lombard Streets and extend-
ing to the north approximately 5.08 feet, thence easterly approximately 201 feet,
thence southerly approximately 5.08 feet, thence westerly approximately 201
feet returning to the place of beginning. Such construction is necessary for the
efficient utilization of a total area of the site, said site being more particularly
described in the application and plans of Days Inns of America Construction, Inc.
filed with the Department of Housing and Community Development, said project
to be known as "100 Hopkins Place." This 61 inch projection shall apply only to
the piles and pile caps and not to the walls and columns supported by such piles
and pile caps. The bottom of such piles shall be at a depth of approximately 24
feet below the elevation 42 feet (lowest first floor elevation of the building), and
the top of such piles and pile caps shall be at a depth of approximately one foot
below elevation 42 feet (lowest first floor elevation of the building). In any other
respect, construction of such concrete footings shall be in compliance with all
other pertinent ordinances, regulations and building code of the Mayor and City
Council requirements of the Department of Housing and Community Develop-
ment and the Department of Public Works. The construction of the aforemen-
tioned concrete piles and pile caps shall be installed, constructed, operated and
maintained in accordance with the plan and design as shown on a drawing of
NAM Reno, Reno, Nevada, entitled "Foundation Plan" dated February 3, 1984,
as revised, and numbered RS15, which in all respects is hereby made a part of
this ordinance.

Stc. 2. And be it further ordained, That this ordinance shall take effect from
the dale of its passage.

Approved June 20. 1984

WILLIAM DONALD SCHAEFER. Mnyot

No. 109
(Council No. 247)
AN ORDINANCE concerning

REPEAL OF RESERVED PARKING ORDINANCE
LEXINGTON STREET

FOR the purpose of repealing Section 243 (35), of Article 31 of the Baltimore
City Code 1966 Edition), title "Transit and Traffic" as amended by Ordinance
920 ap[)r()ved June 24. 1975 which made this section a permanently effective
administrative order.

306 ORDINANCES Ord. No. 110

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That
Section 243 (35) of Article 31 of the Baltimore City Code (1966 Edition) title
"Transit and Traffic" as amended by Ordinance 920 approved June 24, 1975, is
hereby repealed and reserved parking on the north side of Lexington Street from
Holliday Street to a point 110* east of Holliday Street therein provided is hereby
rescinded.

Sec. 2. And be it further ordained, That this ordinance shall take effect upon
the date of its passage.

Approved June 20, 1984

WILLIAM DONALD SCHAEFER. Mayot

No. 110
(Council No. 264)

AN ORDINANCE concerning

PARKING-RESERVED
BYRD STREET

FOR the purpose of providing for reserved parking on Byrd Street near Heath
Street for Virginia Murphy displaying a permit.

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That on
Byrd Street, west side, from a point 30' south of Heath Street to a point 52' south
of Heath Street, parking is reserved for Virginia Murphy displaying a permit.

Sec. 2. And be it further ordained. That this ordinance shall take effect from
the date of its passage.

Approved June 20, 1984

WILLIAM DONALD SCHAEFER, Mayor.

ORDINANCES 307

No. HI
(Council No. 308)
AN ORDINANCE concerning

MULTIFAMILY RENTAL HOUSING REVENUE BONDS -
THE HOPKINS APARTMENTS (GNMA COLLATERALIZED)

FOR the purpose of authorizing and empowering Mayor and City Council of
Baltimore to issue and sell, at any time or from time to time and in one or more
series, as limited obligations of the City and not upon its full faith and credit,
its industrial development revenue bonds, in the ORIGINAL aggregate prin-
cipal amount not to exceed $2,500,000, pursuant to the provisions of Sub-
section (50) of Article II of the Charter of Baltimore City (1964 Revision), as
amended, for the sole and exclusive purpose of financing the costs of the ac-
quisition and renovation by Baltimore Apartments Limited Partnership, a
Maryland limited partnership, (the "Borrower") of a certain project in
Baltimore City located at 3100 St. Paul Street, consisting generally of the ac-
quisition of such project which contains 144 residential units and 5 offices and
is known as "The Hopkins," the renovation and equipping of such building, to
be owned by the Borrower and operated as a rental apartment facility;
authorizing the Mayor of the City, on behalf of the City, to accept the letter of
intent from the Rojac Group, Inc., to the City dated April 9, 1984, making cer-
tain legislative findings; authorizing and empowering the Board of Finance of
the City, by a resolution or resolutions adopted prior to the issuance, sale and
delivery' of any series of such bonds, to (a) prescribe, among other things but
not limited to, the form, terms, provisions, manner or method of issuing and
selling (including negotiated as well as competitive bid sale), and the time or
times of issuance, and any and all other details of such bonds, and (b) do any
and all things necessary, proper or expedient in connection with the issuance
and sale of such bonds; providing that such bonds must be issued and sold
within six months from the date this Ordinance is approved by the Mayor,
unless the Board of Finance approves one six month extension as provided in
this Ordinance; and generally providing for and determining various matters
and details in connection with the issuance and sale of such bonds.

308 ORDINANCES Ord. No. Ill

purposes, objects and powers of the City contemplated by the Enabhng Law in-
clude acquisition and renovation of an older structure into modern apartment
units and thereby increasing the availability of rental housing in Baltimore City
and increasing the City's tax base, the relief of conditions of unemployment in
Baltimore City, encouraging the increase of industry and a balanced economy in
Baltimore City, promoting economic development in Baltiniore City, and pro-
moting the health, welfare and safety of the residents of Baltimore City.

The City has received a letter of intent from the Rojac Group, Inc., on behalf of
Baltimore Apartments Limited Partnership, a Maryland limited partnership (the
"Borrower"), dated April 9, 1984, (such letter of intent is hereinafter referred to
as the "Letter of Intent"), pursuant to which The Rojac Group, Inc., on behalf of
the Borrower, has requested the City to participate in the financing of the costs
of the completion by the Borrower of a certain project in Baltimore City,
Maryland (the "Project"), by issuing and selling the City's industrial development
revenue bonds in the aggregate principal amount not to exceed $2,500,000 (the
"Bonds"), and by making the proceeds of the Bonds available to the Borrower to
be used by the Borrower for the sole and exclusive purpose of financing the costs
of the acquisition and rehabilitation of the Project by the Borrower.

The Project, which is an "undertaking" which will accomplish the purposes, ob-
jects and powers of the City as mentioned in the Enabling Law, will consist
generally of the acquisition of (i) a parcel of land containing approximately 1.923
acres located at 3100 St. Paul Street in Baltimore City, and (ii) the building
thereon, which contains 144 residential units and 5 offices and is known as "The
Hopkins," (b) the renovation of such building, (c) the acquisition and installation
in such building of any or all machinery and equipment, and any and all other im-
provements therein, as may be necessary or useful in connection with the opera-
tion thereof as a rental apartment facility, and (d) the acquisition of such other in-
terests in land as may be necessary or useful for the foregoing, including roads
and rights of access, utilities and other necessary site preparation facilities.
Upon completion, the Project will be owned by the Borrower and operated as a
rental apartment facility.

NOW, THEREFORE, IN ACCORDANCE WITH THE ENABLING LAW:

Section 1. Be it ordained by Mayor and City Council of Baltimore, Tliat acting
pursuant to the Enabling Law, it is hereby found and determined as follows:

1. The issuance and sale of the Bonds by the City pursuant to the Enabling Law
in order to make the proceeds thereof available to the Borrower for the sole and
exclusive purpose of financing the costs of completion of the Project will
facilitate and expedite the completion of the Project by the Borrower.

ORDINANCES 309

2. The completion of the Project by the Borrower and the financing of the costs
of such completion as provided in this Ordinance will serve to promote the
general purposes contemplated by the Enabling Law by (a) renovating an older
structure into modern apartment units and thereby preserving and increasing
the availability and quality of rental housing in Baltimore City and increasing the
City's tax base; (b) promoting economic development in Baltimore City; (c) en-
couraging the increase of industry and a balanced economy in Baltimore City;
and (d) promoting the health, welfare and safety of the residents of Baltimore
City.

3. Any and all of the Bonds shall not be general obligations of the City and shall
not be a pledge of or involve the faith and credit or the taxing power of the City,
and shall not constitute a debt of the City, all within the meaning of Section 7 of
Article XI of the Constitution of Maryland or within the meaning of any other
constitutional, statutory' or charter provision limiting or restricting the sale or is-
suance of bonds, notes or other obligations of the City. All of the Bonds shall be
limited obligations of the City, and shall be fully negotiable, payable, as to both
principal and interest, solely from and secured solely by a pledge of (I) the
revenues from or arising in connection with a mortgage-backed security the prin-
cipal and interest on which are fully guaranteed by the United States govern-
ment acting by and through the Government National Mortgage Association
("GNM A"), which security is based on and backed by a deed of trust or mortgage
on the Project, (II) the revenues from or arising in connection with any contracts,
mortgages or other securities purchased or otherwise acquired with the proceeds
of the Bonds, (III) the contracts, mortgages or other securities purchased or
otherwise acquired with the proceeds of the Bonds, or (IV) any combination of (I),
(II) or (III), all as the Board may approve by a resolution or resolutions adopted
prior to the issuance, sale and delivery of any of the Bonds.

Stc. 2. And be it further ordained, That the City is hereby authorized and em-
powered to issue and sell, at any time or from time to time and in one or more
series, as limited obligations of the Cit>' and not upon its full faith and creiiit, its
multifamily rental housing revenue bonds, in the ORIGIN.AL aggregate principal
amount not to exceed $2,5UU,U00, subject to the provisions of this Ordinance. The
proceeds of the Bonds \sill be made available to the Borrower tlirough DR(] Fund-
ing CorjKiration, a Delaware corporation (the "Lender") under terms and conditions
approved by the Board and set forth in a Resolution, and used by the Borrower
for the sole and exclusive purpose of financing the costs of the completion of the
Project.

Sk( . 3. And be it further ordained. That this Ordinance constitutes the present
intent of the City to issue the Bonds, and the Mayor of the City is hereby
authorized to accept the Letter of Intent on behalf of the City in order to further
evidence the present intent of the City to issue the Bonds in accordance with the
terms and provisions of this Ordinance.

Slc . 4. And be it further ordained. That, as permitted by the Enabling Law,
the Board is hereby authorized and empowered, by a resolution or resolutions
adopted prior to the issuance, sale and delivery of any of the Bonds, to:

310 ORDINANCES Ord. No. HI

(a) prescribe, among other things but not limited to, the amount, torm, terms,
provisions, manner or method of issuing and seUing (including negotiated as well
as competitive bid sale), and the time or times of issuance, and any and all other
details of the Bonds and the issuance and sale thereof;

(b) approve (i) the pledge or assignment by the City of any of the security
described in Section 5 of this Ordinance, pursuant to a trust agreement or similar
agreement, (ii) the form of any trust agreement or similar agreement, as pro-
vided in the Enabling Law, and (iii) such provisions in any such trust agreement
or similar agreement as the Board may deem reasonable and proper for the
security of the holders of the Bonds;

(c) approve the terms and conditions, including but not limited to the terms and
conditions of any documents to be executed and delivered by the City (other than
customary financing statements and closing certificates), under which the pro-
ceeds of the Bonds will be made available to the Borrower, through the Lender,
to finance the costs of acquisition and rehabilitation of the Project; and

(d) do any and all things necessary, proper or expedient in connection with the
issuance, sale and delivery of the Bonds.

Sec. 5. And be it further ordained, That any and all of the Bonds shall not be
general obligations of the City and shall not be a pledge of or involve the faith
and credit or the taxing power of the City, and shall not constitute a debt of the
City, all within the meaning of Section 7 of Article XI of the Constitution of
Maryland or any other constitutional, statutory or charter provision limiting or
restricting the sale or issuance of bonds, notes or other obligations of the City.
All of the Bonds shall be limited obligations of the City, and shall be fully
negotiable, payable, as to both principal and interest, solely from and secured
solely by a pledge of (I) the revenues from or arising in connection with a mort-
gage backed security the principal and interest on which are fully guaranteed by
the United States government acting by and through the Government National
Mortgage Association ("GNMA"), which security is based on and backed by a
deed of trust or mortgage on the Project, (II) the revenues from or arising in con-
nection with any contracts, mortgages or other securities purchased or otherwise
acquired with the proceeds of the Bonds, (III) the contracts, mortgages or other
securities purchased or otherwise acquired with the proceeds of the Bonds, or
(IV) any combination of (I), (II), or (III), all as the Board may approve by a resolu-
tion or resolutions adopted prior to the issuance, sale and delivery of any of the
Bonds.

Sec. 6. And be it further ordained, That any and all of the Bonds shall be ex-
ecuted in the name of the City and on its behalf by the Mayor of the City, by his
manual or facsimile signature, and by the Director of Finance of the City, by his
manual or facsimile signature, and the corporate seal of the City or a facsimile
thereof shall be impressed or otherwise reproduced thereon and attested by the
Custodian of the City Seal, by his manual or facsimile signature. If the Bonds are
required to be manually signed by a trustee, issuing agent, fiscal agent,
registrar, or other agent or custodian, the signatures of the Mayor, the Director
of Finance and the Custodian of the City Seal may be executed by facsimile. Any

ORDINANCES 311

trust atjreement or other documents as the Board shall deem necessary to effec-
tuate the issuance, sale and delivery of the Bonds shall be executed in the name
of the City and on its behalf by the Mayor of the City by his manual or facsimile
si^ature, and the corporate seal of the City or a facsimile thereof shall be im-
pressed or othe^\^'ise reproduced thereon and attested by the Custodian of the
City Seal by his manual signature. In case any officer whose signature or a fac-
simile of whose signature shall cease to be such officer before the delivery of the
Bonds or any of the other aforesaid documents, such signature or such facsimile
shall nevertheless be valid and sufficient for all purposes, the same as if such of-
ficer had remained in office until delivery. The Mayor of the City, the Director of
Finance of the City, the Custodian of the City Seal and other officials of the City
are hereby authorized and empowered to do all such acts and things and execute
such documents and certificates as the Board may determine by resolution to be
necessary to carry out and comply with the provisions hereof.

Sec. 7. Ajid be it further ordained, That any and all necessary financing
statements required for the consummation of the transactions authorized by this
Ordinance may be executed on behalf of the City by the Mayor of the City or by
the Chief, Bureau of Treasury Management of the City or by such other ap-
propriate official of the Cit>' as may be designated by the Mayor of the City to ex-
ecute such financing statements.

Se( . 8. Afid be it further ordained, That the provisions of this Ordinance are
severable, and if any provision, sentence, clause, section or part hereof is held il-
legal, invalid or unconstitutional or inapplicable to any person or circumstances,
such illegality, invalidity or unconstitutionality, or inapplicability shall not affect
or impair any of the remaining provisions, sentences, clauses, sections, or parts
of this Ordinance or their application to other persons or circumstances. It is
hereby declared to be the legislative intent that this Ordinance would have been
passed if such illegal, invalid or unconstitutional provision, sentence, clause, sec-
tion or part had not been included herein, and if the person or circumstances to
which this Ordinance or any part hereof are inapplicable had been specifically
exempted herefrom.

Stc. 9. And be it further ordained, That the Bonds must be issued and sold
within six months from the date on which this Ordinance is approved by the
Mayor of the City; provided, however, that the Board, after a showing of good
cause at a public hearing held before the Board prior to or after the expiration of
such six month period, may extend the period during which the Bonds may be
issued and sold for one additional term not to exceed six months from the date on
which the first six month perioii expired. The Board, in its sole discretion, and
without action by the City Council, shall determine the sufficiency, or lack
thereof, of the reasons presented for any requested extension and the reasons
therefor must be sent to the City Council. To the extent that the Bonds are not
issued and sold within twelve months from the date in which this Ordinance is ap-
proved by the Mayor of the City, the authority provided in this Ordinance for the
City to issue and sell the Bonds shall expire.

Stli-. 10. And be it further ordained. That this Ordinance shall take effect from
the date of its passage.

Approved June 26, 1984

WILLIAM DONALD SCHAEFER. Mayor.

312 ORDINANCES Ord. No. 112

No. 112
(Council No. 145)

AN ORDINANCE concerning

AMBULANCES

FOR the purpose of defining certain terms, requiring an application and license
for an ambulance company, and an ambulance; requiring an application and
permit to be an attendant or an attendant-driver; establishing requirements
and standards for an ambulance company license, ambulance license, am-
bulance equipment, attendant, attendant-driver; requiring insurance for an
ambulance company and ambulances; providing for the suspension and revoca-
tion of permits and licenses; providing for fees for ambulance company license,
ambulance license, attendant permit, attendant-driver permit AND PROVID-
ING EXEMPTIONS FOR CERTAIN NON-PROFIT ORGANIZATIONS; re-
quiring an ambulance company to maintain certain reports; AUTHORIZING
THE HEALTH OFFICER TO ISSUE A SUBPOENA FOR RECORDS OR
PERSONS; PROVIDING FOR ADMINISTRATIVE HEARINGS BEFORE
THE HEALTH OFFICER; authorizing the Health Officer to adopt and pro-
mulgate general regulations concerning standards, requirements and the man-
ner of operation of ambulance companies, ambulances, attendants and attend-
ant drivers; providing for appeals from actions of the Health Officer; pro-
viding for penalties for violation of this subtitle and regulations issued pur-
suant thereto.

BY repealing

Article 15 -Licenses

Subtitle - Ambulances -

Sections 1 to 7

Baltimore City Code (1983 Replacement Volume, as amended)

BY adding

Article 11 -Health

To come under the new subtitle "Ambulances"

Sections 252 to 263

Baltimore City Code (1983 Replacement Volume, as amended)

Section \. Be it ordained by the Mayor and City Council of Baltimore, That
Sections(s) of the Baltimore City Code (1983 Replacement Volume, as amended)
be added, repealed, or amended to read as follows:

ARTICLE 15- LICENSES

(AMBULANCES

1. Operation.

It is unlawful to operate an ambulance in this City unless it is licensed under
this subtitle and the owner of the vehicle is conforming in all respects to this sub-
title.

2. Definitions.

(a) Provided. For the purposes of this subtitle, the words and phrases listed in
this section are defined as here indicated.

ORDINANCES 313

(b) AmbuJance. "Ambulance" means a vehicle constructed and operated with
the primary purpose of transporting an ill, sick, or injured patient. The term in-
cludes any such vehicle which is regularly operated or held out for providing com-
mercial ambulance service in Baltimore City or to residents of Baltimore City;
and the term does not include any such vehicle which operates within Baltimore
City or for residents of Baltimore City only upon rare, unusual, or emergency
conditions.

3. Licenses.

The licensing provisions of this subtitle shall be administered by the Commis-
sioner of Health. Each license shall be issued only upon the payment of a fee of
$25 annually for each vehicle or a pro rata portion of that sum for portions of a
year. The license year shall extend from July 1 to June 30, inclusive, in each year.
Applications for licenses shall be made to the Commissioner of Health, and he
may adopt and promulgate reasonable and general rules and regulations not in-
consistent with the provisions of this subtitle for the filing and processing of ap-
plications and the grant and display of licenses.

4. Rules and Regulations.

The Commissioner of Health may adopt and promulgate general rules and
regulations concerning the operation of ambulances to which this subtitle ap-
plies, including specifications for the equipment required, the manner of opera-
tion and use, the health and physical condition of operator and attendants, the
mechanical condition of the vehicle, technical knowledge required of operators
and attendants, safety standards, reports of use, and such other problems and
matters as relate directly to the operation of such ambulances and to the safety,
health, and welfare of the residents of this City.

5. Suspension or revocation of licenses.

The Commissioner of Health may suspend any license for a period of up to
thirty days upon a finding by him that the operator or owner of an ambulance
licensed under this subtitle has been guilty of carelessness or unsafe conduct pre-
judicial to the safety, health, and welfare of users of such ambulances or of the
residents of this City. The Commissioner of Health may revoke a license for any
conduct or action which in his judgment would have been proper cause for an ini-
tial refusal to issue the license,

6. Appeals.

Any person aggrieved by any action or refusal of action by the Commissioner
of Health under the provisions of this subtitle may appeal his case to the
Baltimore City Court where it shall be heard de novo. The Court may affirm,
reverse, or modify the action or refusal of action by the Commissioner of Health.

7. Penalty provisions.

Any person violating any provision of this subtitle is guilty of a misdemeanor
and upon conviction thereof is subject to a fine not exceeding $100. Each day
that a violation continues is deemed to be a separate offense.)

314 ORDINANCES Ord. No. 112

ARTICLE 11 -HEALTH

AMBULANCES

252. Definitions. For the purpose of this subtitle, the words and phrases listed
in this section are defined as here indicated.

A. A^nbulance. A vehicle constructed and operated with the purposes of
transporting an til, sick, or injured person. The term includes any such vehicle
which is operated or held out for providing ambulance service in Baltimore City
or to residents of Baltimore City.

B. Ambulance Crew. No fewer than two (2) qualified individuals, one of whom
shall hold a currently valid permit as an Attendant-Driver and the other shall
have a currently valid permit as an Attendant or Attendant-Driver.

C. Ambulance Comnpany. A person, firm, partnership, corporation, association
or organization engaged in providing non-emergency, non-ambulatory am-
bulance transports. The primary purposes of the service is to provide scheduled
elective transportation. The service can respond to and treat onboard medical
emsrgencies utilizing basic life support skills.

D. Ambulance License. A document issued to an ambulance company by the
License Officer evidencing permission to use a specific ambulance for the purpose
of providing ambulance transportation.

E. Attendant. An individual who meets the requirements of being an attendant
and holds an attendant permit issued by the License Officer.

F. Attendant-Driver. An attendant who holds an attendaiit driver permit and
is licensed to drive an ambulance.

G. Basic Life Support. The level of training necessary to provide emergency
care to the sick, injured, or incapacitated patient. The training will include skills
necessary in dressing wounds, splinting fractures, controlling hemorrhage, pro-
viding oxygen, maintaining an airway and cardio-pulmoyiary resuscitation.

H. Company License. A document issued to an ambulance company by the
License Officer evidencing permission to provide ambulance transportation.

L Disinfectant. An agent that frees from infection; usually a chemical agent
which destroys genn^ or other microorganisms, chiefly on inanimate objects.

J. Health Officer. The Commissioner of Health of Baltimore City or License
Officer or designee.

K. Intravenous Therapy. Parenteral administration of sterile solutions.

L. License Ojficer. The Commissioner of Health of Baltimore City or his
designee.

M. Licensee. The person to whom an ambulance company license and one or
more ambulance vehicle licenses are issued by the License Ojficer.

ORDINANCES 315

N. Non-Ambulatory. A condition which renders a patient physically unable to
use a bus, tojci, or private mode of tratisportation in going to or from a medical
facility for needed treatment.

0. Non-Emergency. A situation not requiring prompt assessment and treat-
ment of conditions having the potential of causing imminent disability or death.

P. Patient. An individual who is ill, sick, injured, or incapacitated.

Q. Permit. A document which may be issued by the License Officer evidencing
permission to perform the duties of an ambulance attendant or ambulance
attendant-driver.

R. Permittee. An individual who is trained or qualified and has been issued a
permit by the License Officer to perform the duties of an attendant or attendant-
driver.

S. Person. An individual, firm, company, partnership, corporation, am-
bulance crew, ambulance company, attendant, attendant-driver, licensee, permit-
tee, but does not include any governmental body.

T. Shall. As used herein indicates a mandatory requirement.

U. Sterile. An absolute term meaning free from living microorganisms, and
implies all forms of bacteria, spores, fungi, and viruses have been killed.

V. Trained or Qualified. Means an attendant or attendant-driver who holds a
current valid certification in the following training programs.:

i. Prior to 30 June, 1985, current valid certification in the following:

A. Emergency Medical Technician-Ambulance (EMT-A) or AmeHcan
Red Cross Advanced First Aid and Emergency Care or designated military
training or other equivalent training courses approved in writing by the License
Officer; and,

B. Cardio-Pulmonary Resuscitation (C.P.R.); and,

C. Ayiy other training courses the License Officer may require.

2. Effective 1 July, 1985, attendants and attendant-drivers shall hold a cur-
rent valid certification in the following training program:

A. Emergency Medical Technician-Ambulance (EMT-A), designated
military training or other equivalent training courses approved iii writing by
the License Officer.

B. Any other training courses the License Officer may require.
W. Valid. Current Certification, up-to-date, in effect.

253. Ambulance Company License.

A. It shall be unlawful for any person to furnish, operate, conduct, maintain,
advertise, or otherwise be engaged in the business or service of the transportation

316 ORDINANCES Ord. No. 112

of persons or patients upon the streets, alleys, or any public way or place of
Baltimore City, unless such person has been issued an ambulance company
license by the Health Officer.

B. Any person applying for an ambulance company license shall complete an
application form provided by the Health Officer. The contents of such farm shall
be determined by the Health Officer, who may request such information as the
Health Officer deems necessary to make a determination as to whether a license
should be issued.

C. An ambulance company license may be issued by the Health Officer provided
the person seeking such license pays the applicable license fee and provided the
person provides sufficient information that its ambulances which are to be li-
censed or which are licensed are properly equipped and maintained, it has a suf-
ficient staff of attendants and attendant-dHvers to provide ambulance services,
its operating base site is in accordance urith Health Department rules and regula-
tions, and that the general operation of the ambulance company is in conform-
ance urith Health Department rules and regulations, this subtitle and other ap-
plicable laws and regulations.

D. After the ambulance c&tnpany license has been issued, the ambulance com^
pany urill provide sufficient information that its ambulances are properly
equipped, maintained and licensed. The ambulance company shall allow the in-
spection of its records, ambulances and operating base site by the Health Officer.
The ambulance company shall also provide a sufficient' staff of attendants and
attendant-drivers who hold valid permits to provide ambulance service. The am-
bulance company shall maintain a daily record of all calls received and services
rendered. The daily record form shall be in a format determined by the Health Of-
ficer and shall be available for inspection at the request of the Health Officer.

E. An ambulance company shall be operated in accordance urith the provisions
of this subtitle, all rules and regulations adopted by the Health Officer to carry
out the provisions of this subtitle and all other applicable laws and regulations.

F. An ambulance company shall carry such insurance as may be required by
State law and the rules and regulations adopted by the Health Officer. Such am-
bulance owned or operated by an ambulance company shall carry such insurance
as may be required by State law and the rules and regulations adopted by the
Health Officer.

25 Jt. Ambulance License.

A. It shall be unlawful for any person to furnish, operate, conduct, maintain,
advertise, or otherwise engage in the busitiess or service of transportation of pa-
tients in Baltimore City by means of any vehicle urdess such vehicle has been
issued an ambulance license by the Health Officer.

B. Any person applying for an ambulance license shall complete an application
form provided by the Health Officer. The contents of such form shall be as deter-
mined by the Health Officer, who may request such information as the Health Of-
ficer deems necessary to make a deteivnination as to whether a license should be
issued.

ORDINANCES 317

C. An ambuUnice licenae may be issued by the Health Officer provided the per-
son seeking such license pays the applicable license fee, and proi/ided the person
provides sufficient infornuition that such ambulance will be staffed by a (fualified
ambulance crew, is equipped with operable sirens and lights, contains necessary
medical equipment and supplies, has appropriate ijis2irance coverage, and pro-
vided the ambulajwe complies with Health Department rules and regulations,
this subtitle and other applicable laws and regulations.

D. Ajler an ambulance license has been issued, the ambulance shall be inspected
and maintained and the license displayed as required by the Health Department
rules and regulations. A record of the maintenance performed, shall be nmin-
tained for each ambulance.

E. Each ambulance shall carry such insurance as nmy be required by State law
and the rules and regulations adopted by the Health Officer.

F. All ambulance shall be operated in accordance with the provisions of this
subtitle and all rules and regulations adopted by the Health Officer to carry out
the provisions of this subtitle and all other applicable laws aiui regulations.

255. Permit for attendant.

A. It shall be unlawful for any person to perform the functions or duties of an
attendant uiUess such person is a trained or qualified attendayit and has been
issued an attendant permit by the Health Officer.

B. Any person applying for an attendant permit shall complete an application
form provided by the Health Officer. The contents of such form shall be deter-
mined by the Health Officer, who nuiy request such information as the Health Of-
ficer deems necessary to make a determination as to whether a permit should be
issued.

C. An attendant permit may be issued by the Health Officer provided the person
seeking such permit pays the applicable permit fee and provided the person is
trained or qualified as determined by the Health Officer.

D. An attendant shall obey the provisions of this subtitle and the, rules and
regulations adopted by the Health Officer to carry out the provisions of this sub-
title and all other applicable laws and regulations.

256. Permit for attendant- driver.

A. It shall be unlawful for any person to perform the functions or duties of an
attendant driver unless such person is a trained or qualified attendant, has a
driver's license in good standing, and has been issued an attendant-driver permit
by the Health Officer.

B. Any person applying for an attendant-driver permit shall complete an
application form provided by the Health Officer. The contents of such form shall
be determined by the Health Officer, who may request such information as the
Health Officer deems necessary to make a determination as to whether a permit
should be issued.

318 ORDINANCES Ord. No. 112

C. An attendant- driver permit may be issued by the Health Officer provided the
person seeking such permit pays the applicable permit fee and provided the per-
son has a driver's license in good standing, and is trained or qualified as deter-
mined by the Health Officer.

D. An attendant-dHver shall obey the provisions of this subtitle and the rules
and regulations adopted by the Health Officer to carry out the provisions of this
subtitle and all other applicable laws and regulations.

257. Fees for an ambulance company license, ambulance license, attendant per-
mit, attendant-driver permit.

A. The license year for an ambulance company license and for an ambulance
license shall extend from July 1 to June 30, inclusive, in each year.

B. The permit period for an attendant and an attendant driver is to run con-
current with the training certification period of the attendant or attendant
driver.

C. The fees for an ambulance company license, ambulance license, attendant
permit or attendant-driver permit, may be established by the Health Officer with
the approval of the Board of Estimates.

D. Permits issued under this subtitle are not transferable. An ambulance com-
pany license issued under this subtitle is iwt transferable. An ambulame license
issued under this subtitle vmy be transferred only with the prior approval of the
Health Officer

E. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SUB-
TITLE, ANY TAX EXEMPT ORGANIZATION AS DEFINED IN SECTION
501(C) OF THE INTERNAL REVENUE CODE. AS AMENDED. WHICH PRO-
VIDES AMBULANCE SERVICES. IS EXEMPT FROM THE AMBULANCE
COMPANY AND AMBULANCE LICENSE FEE. NOTWITHSTANDING ANY
OTHER PROVISIONS OF THIS SUBTITLE. ANY PERSON UT/O SERVES
AS AN ATTENDANT OR ATTENDANT-DRIVER FOR A TAX EXEMPT
ORGANIZATION WHICH PROVIDES AMBULANCE SERVICES SHALL
NOT BE REQUIRED TO PAY AN A TTENDANT OR A TTENDANT-DRIVER
PERMIT FEE PROVIDED SUCH PERSON PROVIDES THEIR SERVICES
ONL Y TO TAX EXEMPT ORGANIZA TIONS. THESE EXEMPTIONS APPL Y
SOLELY TO LICENSE AND PERMIT FEES AND TO NO OTHER PROVI-
SIONS OF THIS SUBTITLE. TAX EXEMPT ORGANIZATIONS WHICH
PROVIDE AMBULANCE SERVICES. AMBUL.ANCES OPERATED BY
SUCH ORGANIZATIONS. AND PERSONS. ATTENDANTS AND
ATTENDANT-DRIVERS nHO SERVE OR ASSIST SUCH ORGANIZATIONS
SHALL COMPLY WITH THE REQUIREMENTS AND STANDARDS OF
THIS SUBTITLE AND REGULATIONS ADOPTED PURSUANT THERETO.

258. Subpoena of records or persons.

A. The Health Officer may subpoena any person, records and evidence, ad-
minister oaths, and take depositions and other testimony.

ORDINANCES 319

B. If a person fails to comply with a subpoena issued under this subtitle, on
petition of the Health Officer, a court of competent jurisdiction may compel obe-
dience to the subpoena or compel testimony or the production of evidence.

259. Suspension or revocation of licenses or permits.

A. Subject to the hearing provisions of Section 260 of this subtitle, the Health Of-
ficer viay suspend or revoke a permit or license issued under this subtitle if:

1. The holder of the permit or license obtained the permit or license
fraudulently or deceptively;

2. The holder of the peinnit or license has violated this subtitle, or rule or
regulations adopted pursuant to this subtitle, or any applicable Federal, State or
Local law or rule;

3. The holder of the permit or license has interfered with the Health Officer
in the performance of the Health Officer's duties;

B. Except as otherwise provided in this Section, before suspending or revok-
ing a permit or license, the Health Ojjicer shall give to the holder of the permit or
licetuie iiotice of intent to suspend or to revoke.

1. The notice shall:

(a) Specify the condition or violation that the Health Ojficer believes
justijies the suspejision or revocation; and

(b) State that the holder hcLS an opportunity to correct the condition or viola-
tion before a time that is:

1. At least ^8 hours ajler the holder receives notice of intent to suspend
or to revoke; or

2. Set by the Health Officer

(c) Be seri'ed on the holder by registered mail, at the address stated by the
holder in its application for a permit or license.

C. The Health Ojficer is not required to give prior notice of intent to suspend or
to revoke a permit or license if:

1. The condition or violation creates an imminent hazard to the public
health or safety; or

2. The holder of the permit or license has willfully refused to permit an
authorized inspection.

D. The Health Ojficer may suspend a permit or license for such a period of time
as the Health Ofj'icer deems necessary under the particular circumstances of each
case.

E. The Health Ojficer is not rf quired to issue a notice of intent to suspend or to
revoke prior to enforcing the criminal penalties provided under this subtitle.
Furthermore, the issuance of a notice of intent to suspend or to revoke by the

320 ORDINANCES Ord. No. 112

Health Officer, shall not constitute a bar to the Health Officer to also enforce the
criminal penalties provided under this subtitle.

260. Hearings.

A. Except as provided in Section 259 of this subtitle, before the Health Officer
denies an application for a permit or license or takes any ax^tion under Section
259 of this subtitle, the Health Officer shall give the person against whom the ac-
tion is contemplated an opportunity for a hearing before the Health Officer or the
Health Officer's designated Hearing Officer.

B. Within 48 hours after the person receives notice of the Health Officer's ac-
tion, a person whose application for a permit or license has been denied or whose
permit or license has been suspended or revoked or who has received a notice that
the Health Officer intends to susrpend or revoke the permit or license of said per-
son, may request a hearing.

C. Within 96 hours after receiving the request for a hearing, the Health Officer
shall hold the hearing.

D. Within 15 days after the hearing, the Health Officer or the designated Hear-
ing Officer shall render a written decision.

E. If after due notice the person for whom the hearing is held fails or refuses to
appear, nevertheless the Health Officer or the Health Officer's designated Hear-
ing Officer may hear and determine the matter.

F. The Health Officer may adopt hearing procedures.

261. Appeals.

Any person aggrieved by a decision of the Health Officer may appeal the deci-
sion to the Circuit Court for Baltimore City where it shall be heard on the record.
The aggrieved person must exhaust all administrative remedies, in a timely man-
ner, prior to filing an action with the Courts. The person appealing the decision
of the Health Officer shall pay all expenses related to the transcription of the
record. The procedures for an appeal from the decision of the Health Officer shall
be as provided by the Maryland Rules of Procedure for appeals from an ad-
ministrative agency.

262. Rules and regulations.

The Health Officer may adopt and promulgate general rules and regulations to
carry out the provisions of this subtitle, including, but not by way of limita-
tion, rules and regulations concerning the operations of an ambulance company,
the records and reports which are to be jnaintained by an ambulance company,
the standards which an ambulance company must meet, the use of intravenous
maintenance, tfie qualifications required of persons providing intravenous
maintenance, the manner of operation and use of an ambulance, the required
mechanical condition of an ambulance, the specifications for the equipment and
supplies required for an ambulance, the general standards which an ambulance
must meet, the required standards the operating base site must comply with, the
health and physical condition of an attendant and attendant driver, the technical
knowledge required of an attendant and an attendant-driver and the standards

ORDINANCES 321

which aji attendant and an attendant driver must meet, hearing procedures for
administrative hearings, the issuance of waivers and such other matters as relate
to the operation of an ambulance company or ambulance or the performance of the
duties of an attendant or attendant- driver.

263. Penalties.

Any person violatiiig any provisions of this subtitle or any rule or regulation
promulgated by the Health Officer pursuant to this subtitle, shall be deemed
guilty of a misdemeanor, arid, upon convictioji thereof shall pay a fine of not less
than $250.00 nor more than $1,000.00, or shall serve a tenn in prison of not more
than twelve (12) months, or shall both pay such fine and seri'e such prison term, in
the discretion of the court. If a violation be continuing, each day's violation shall
C07istitute a separate violation.

Sec. 2. And be it further ordained. That in case it be judicially determined that
any word, phrase, clause, item, sentence, paragraph, or section of this ordinance,
or rule or regulation promulgated pursuant to this ordinance, or the application
thereof to any person or circumstance, is invalid, the remaining provisions and
the application of such provisions to other persons or circumstances shall not be
affected thereby, the Mayor and City Council hereby declaring that they would
have ordained the remaining provisions of this ordinance, or rule or regulation
promulgated pursuant to this ordinance, without the word, phrase, clause, item,
sentence, paragraph or section, or the application thereof, so held invalid.

Sec. S. And be it further ordained, That this ordinance shall take effect thirty
(30) days from the date of its passage.

Approved June 27, 1984

WILLIAM DONALD SCHAEFER. May,

No. 113
(Council No. 214)
AN ORDINANCE concerning

ZONING- APPROVAL FOR CONDITIONAL USE
PARKING LOT-S. CATON AVENUE

FOR the purpose of granting permission for the establishment, maintenance and
operation of an open off-street parking area on the properties located at
1411 S. Caton Avenue, 3215 Clarinda Avenue and the south side of Clarinda
Avenue, 160 feet east of Caton Avenue, as outlined in red ofi the plats
accompanying this ordinance.

BY authority of
Article 30 -Zoning
Sections 4.4-ld and 11.0 6d
Baltimore City Code (1983 Replacement Volume, as amended)

322 ORDINANCES Ord. No. 114

Section \. Be it ordained by the Mayor and City Council of Baltimore, That
permission is hereby granted for the establishment, maintenance and operation
of an open off-street parking area on the properties located at 1411 S. Caton
Avenue, 3215 Ciarinda Avenue and the south side of Clarinda Avenue, 160 feet
east of Caton Avenue, as outlined in red on the plats accompanying this or-
dinance, under the provisions of Sections 4.4- Id and 11.0-6d of Article 30 of the
Baltimore City Code (1983 Replacement Volume, as amended) title "Zoning".

Sec. 2. And be it further ordained, That upon passage of this ordinance by the
City Council, as evidence of the authenticity of the plat which is a part hereof and
in order to give notice to the departments which are administering the Zoning
Ordinance, the President of the City Council shall sign the plat and when the
Mayor approves the ordinance, he shall sign the plat. The Director of Finance
shall then transmit a copy of the ordinance and one of the plats to the following:
the Board of Municipal and Zoning Appeals, the Planning Commission, the Com-
missioner of the Department of Housing and Community Development, the
Supervisor of Assessments for Baltimore City and the Zoning Administrator.

Sec. 3. And be it further ordained, That this ordinance shall take effect thirty
days from the date of its passage.

Approved June 27, 1984

WILLIAM DONALD SCHAEFER, Ma

No. 114
(Council No. 223)

AN ORDINANCE concerning

RETIREMENT SYSTEMS-CLASS C MEMBERS

FOR the purpose of extending REOPENING AND EXTENDING TO
DECEMBER 31, 1985, the time during which Class A and Class B members
may transfer to the Class C membership.

BY repealing and reordaining with amendments
Article 22 -Retirement Systems
Section 9(aK2)
Baltimore City Code (1983 Replacement X'olume, as amended)

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That
Section(s) of the Baltimore City Code (198:i Replacement \'olume, as amended)
be added, repealed, or amended, to read as follows:

ARTICLE 22- RETIREMENT SYSTEMS
Employees' Retirement System

9. Class C membership.

(aX2) Subject to the provisions ccjntained in Subsection (5), any Class A or Class
B Member, including any Class A or Class B Member who is entitled to any

ORDINANCES 323

benefits under the provisions of Sections 6(bX12)and 6(bX13)of tliis subtitle, who
is interested in becoming a Class C Member must file a Notice of Intent with the
Board of Trustees of the Retirement System on ol* before (June 30, 1982J
December SI. 19S5. Such Notice of Intent shall state that the Member is consider-
ing becoming a Class C Member to be effective and irrevocable after tlie expira-
tion of ninety (90) days beginning with the date that such Notice is filed; and if he
does become a Class C Member, whether his accumulated contributions, with or
without excess voluntary contributions provided for in Section 8(aX4), with in-
terest are to be refunded to him or are to remain in the Retirement System. Not-
withstanding anything to the contrary, a Member's Notice shall not become ef-
fective nor create any Class C rights in such Member until the expiration of nine-
ty (90) days after it is filed with the Board of Trustees. During such ninety (90)
day period, the Member may modify or revoke such Notice of Intent in full or in
part in such written form as may be approved by the Board of Trustees. Upon the
expiration of such ninety (90) days following the filing of such Notice of Intent, if
not sooner revoked, a Member's Notice of Intent, including his election as to the
disposition of his accumulated contributions with interest, shall become ir-
revocable, and he shall become a Class C Member of the Retirement System at
that time.

If the Member elects to have said accumulated contributions remain in the
Retirement System then at the time of his retirement, subject to the provisions
of Section 9(m), he shall receive an annuity for said accumulated contributions in
addition to the benefits provided under this section. If the Class C Member dies
before retirement, then such accumulated contributions, if any, shall be refunded
to his designated beneficiary or estate.

If the Member, in the Notice of Intent, elected to receive a refund of his ac-
cumulated contributions with interest, such refund shall be paid to him in the
manner prescribed by regulations promulgated by the Board of Trustees, with
due consideration for the fiscal integrity of the system. Notwithstanding
anything to the contrary, the refund of the Member's contributions with interest,
whether in a lump sum payment or annual installments, shall be paid or com-
menced to be paid at such time as may be determined by the Board of Trustees,
but in no event earlier than thirty (30) days after the Member's becoming a Class
C Member or later than the expiration of three (3) years from the date of his
becoming a Class C Member. As long as the Member's contributions or any part
thereof remain in the Retirement System, interest shall continue to be credited
on any undistributed portion of the Member's contribution account.

Notwithstanding an^lhing to the contrary, the refund of the accumulated con-
tributions of any Class A or Class B Member who has previously pledged such
contributions as security for a loan under Section 1 1 of this subtitle, shall be
reduced by an amount equal to such indebtedness of the Member at the time of
becoming a Class C Member, and held by the City with interest until such in-
debtedness by the Member is satisfied, or the lending institution notifies the City
that the funds can be released.

Sk« . 2. And be it further orddineil. That this ordinance shall take effect thirty
days from the date of its passage.

Approved June 27. 1984

WILLIAM DONALD SCIIAKFfclR. Miuji>r.

324 ORDINANCES Ord. No. 115

No. 115
(Council No. 227)

AN ORDINANCE concerning

BOND ISSUE -RESIDENTIAL FINANCING LOAN

FOR the purpose of authorizing the Mayor and City Council of Baltimore (pur-
suant to Resolution V of 1984 approved by the members of the General
Assembly of Maryland representing Baltimore City), to issue and sell its cer-
tificates of indebtedness to an amount not exceeding three million dollars
($3,000,000.00), the proceeds derived from the sale of the same to be used for
the cost of issuance, including the expense of engraving, advertising, at-
torneys' fees, and all other incidental expenses connected therewith, and the
remainder of such proceeds shall be used to make or contract to make financial
loans to any person or other legal entity to be used for or in connection with
the purchase, acquisition, construction, erection, development, rehabilitation,
renovation, redevelopment or improvement of buildings or structures, in-
cluding any land necessary therefor, within the boundaries of Baltimore City,
which buildings or structures are to be used or occupied for residential pur-
poses; to guarantee or insure financial loans made by third parties to any per-
son or other legal entity which are to be used for or in connection with the pur-
chase, acquisition, construction, erection, development, rehabilitation, renova-
tion, redevelopment or improvement of buildings or structures, including any
land necessary therefor, within the boundaries of Baltimore City, which
buildings or structures are to be used or occupied for residential purposes; and
for doing any and all things necessary, proper or expedient in connection with
or pertaining to any or all of the matters or things hereinbefore mentioned;
conferring and imposing upon the Board of Finance of Baltimore City certain
powers and duties; authorizing the submission of this ordinance to the legal
voters of the City of Baltimore, for their approval or disapproval, at the
general election to be held in Baltimore City on Tuesday, the 6th day of
November, 1984; providing that the financial loans made, guaranteed or in-
sured shall be self-supporting, and providing for the expenditure of the pro-
ceeds of sale of said certificates of indebtedness in accordance with the provi-
sions of the Charter of the Mayor and City Council of Baltimore, and by the
municipal agency designated in the annual Ordinance of Estimates of the
Mayor and City Council of Baltimore.

WnEKE.AS, by Resolution V of 1984 approved by the Members of the General
Assembly of Maryland representing Baltimore City the Mayor and City Council
of Baltimore is authorized to create a debt and to issue and sell its certificates of
indebtedness (hereinafter called "bonds") as evidence thereof, to an amount not
exceeding Three Million Dollars ($3,000,000.00) in the manner and upon the
terms set forth in said Resolution, the proceeds thereof, not exceeding the par
value of said certificates of indebtedness, to be used for or in connection with
making, guaranteeing, or insuring financial loans for the purchase, acquisition,
construction, erection, development, rehabilitation, renovation, redevelopment
or improvement of residential properties in Baltimore City, as authorized by said
Resolution; and

ORDINANCES 325

WnEKEAS, Funds are now needed for said purposes; therefore

Section \. Be it ordained by the Mayor and City Council of Baltimore, That
the Mayor and City Council of Baltimore, acting by and through the Board of
Finance of said municipality, be and it is hereby authorized and empowered to
issue bonds of the Mayor and City Council of Baltimore to an amount not ex-
ceeding Three Million Dollars ($3,000,000.00), from time to time, as the same
may be needed or required for the purposes hereinafter named and said bonds
shall be sold by said Board of Finance from time to time and at such times as shall
be requisite, and the proceeds derived from the sale of said bonds shall be used
for the purposes hereinafter named, provided that this Ordinance shall not
become effective unless it shall be approved by a majority of the votes of the legal
voters of Baltimore City cast at the time and place hereinafter designated by this
Ordinance.

Sec. 2. And be it further ordained. That:

(a) Said bonds shall be issued in denominations of not less than One Thousand
Dollars ($1,000.00) each, but may be in sums of One Thousand Dollars
($1,000.00), or any suitable multiple thereof.

Sei". 3. And be it further ordained, That a majority of the Board of Finance of
the Mayor and City Council of Baltimore be, and they are hereby, authorized to
pass a resolution or resolutions, from time to time, to determine and set forth
any or all of the following:

(a) The amount of debt to be incurred by the Mayor and City Council of
Baltimore at any particular time, and from time to time, under and pursuant to
the provisions of this ordinance; the date or dates when any bonds representing
said debt, or any part thereof, are to mature, and the am'ount or amounts of said
debt, or any part thereof, which shall mature upon the aforesaid date or dates;
aiid the semi-annual dates in each year, during the entire period of time when any
of said bonds are outstanding, when interest on any of said bonds shall be
payable.

326 ORDINANCES Ord. No. 115

fully registered bonds; the provisions, if any, for the registration as to principal
of any coupon bonds; and the provisions, if any, for the conversion and reconver-
sion into coupon bonds of any fully registered bonds or coupon bonds registered
as to principal; the place or places for the payment of principal and interest of
said bonds; and the date of said bonds issued at any particular time, and the right
of redemption of said bonds by the City prior to maturity; and

Sec. i. And be it further ordained, That:

(b) The debt authorized by the provisions of this Ordinance, and the bonds
issued and sold pursuant thereto and their transfer, and the principal and in-
terest payable thereon (including any profit made in the sale thereoO, shall be
and remain exempt from any and all State, county and municipal taxation in the
State of Maryland.

Sec. b.And be it further ordained, That until all of the interest on and principal
of any bonds issued pursuant to the provisions of this Ordinance have been paid
in full, the Mayor and City Council of Baltimore shall levy and impose an annual
tax on each One Hundred Dollars ($100.00) of assessable property in the City of
Baltimore at a rate sufficient to produce revenue to pay all interest on and prin-
cipal of all bonds theretofore issued and outstanding or authorized to be issued
and outstanding, payable in the next succeeding year.

ORDINANCES 327

(b) The remainder of such proceeds shall be used to make or contract to make
financial loans to any person or other legal entity to be used for or in connection
with the purchase, acquisition, construction, erection, development, rehabilita-
tion, renovation, redevelopment or improvement of buildings or structures, in-
cluding any land necessary therefor, within the boundaries of Baltimore City,
which buildings or structures are to be used or occupied for residential purposes;
to guarantee or insure financial loans made by third parties to any person or
other legal entity which are to be used for or in connection with the purchase, ac-
quisition, construction, erection, development, rehabilitation, renovation,
redevelopment or improvement of buildings or structures, including any land
necessary therefor, within the boundaries of Baltimore City, which buildings or
structures are to be used or occupied for residential purposes, and for doing any
and all things necessary, proper or expedient in connection with or pertaining to
any or all of the matters or things hereinbefore mentioned.

Sec. 9. And be it further ordained, That no part of the proceeds of sale of the
bonds hereby authorized to be issued shall be expended until after the Board of
Finance has determined, based upon such data as said Board of Finance shall re-
quire to be submitted to it to enable it to make such determination, that any
financial loans made, guaranteed or insured from such proceeds, shall, in fact, be
self-supporting.

Sec. 10. And be it further ordained. That in case any land or property now or
hereafter owned by the Mayor and City Council of Baltimore is sold by it to any
legal entity for the puqxjse of construction, erection, development, rehabilita-
tion, renovation, redevelopment or improvement of buildings or structures,
which buildings or structures are to be used or occupied for residential purposes,
then the purchaser of said land or property shall pay to the municipality at least
an amount of money equal to the full appraised value of said land or property,
and in case any such land or property is leased by the municipality to any legal
entity for any of the purposes hereinbefore mentioned, then the lessee shall pay
annually to the municipality an amount of money equal to the reasonable rental

328 ORDINANCES Ord. No. 116

value of said land or property. In the event any such land or property is sold by
the municipality as aforesaid and such land or property is then reconveyed back
to the municipality as security for any loan made by the municipality to the pur-
chaser under the provisions of this Ordinance, then such purchaser shall pay an-
nually to the municipality in lieu of taxes a tax equivalent charge on such land or
property on the basis of the then prevailing tax assessment on the land and im-
provements and calculated at the City and State tax rates then in effect, in ac-
cordance with the policy of the Board of Estimates of the municipality. All
payments made in lieu of taxes shall be made when real estate taxes of the
municipality ordinarily become due and payable.

Sec. 11. And be it further ordained, That the expenditure of the proceeds
derived from the sale of the bonds authorized to be issued under the provisions of
this Ordinance shall be in accordance with the provisions of the Charter of the
Mayor and City Council of Baltimore, and by the municipal agency designated in
the annual Ordinance of Estimates of the Mayor and City Council of Baltimore.

Approved June 25, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 116
(Council No. 228)

AN ORDINANCE concerning

BOND ISSUE -INDUSTRIAL AND COMMERCIAL FINANCING LOAN

FOR the purpose of authorizing the Mayor and City Council of Baltimore (pur-
suant to Resolution VI of 1984 approved by the members of the General
Assembly of Maryland representing Baltimore City), to issue and sell its cer-
tificates of indebtedness to an amount not exceeding six million dollars
($6,000,000.00), the proceeds derived from the sale of the same to be used for
the cost of issuance, including the expense of engraving, printing, advertising,
attorneys' fees, and all other incidental expenses connected therewith, and the
remainder of such proceeds shall be used to make or contract to make financial
loans to any person or other legal entity to be used for or in connection with
the purchase, acquisition, construction, reconstruction, erection, develop-
ment, redevelopment, rehabilitation, renovation, modernization or improve-
ment of buildings or structures, including any land necessary therefor, within
the boundaries of Baltimore City, which buildings or structures are to be used
or occupied for industrial purposes; to guarantee or insure financial loans
made by third parties to any person or other legal entity which are to be used
for or in connection with the purchase, acquisition, construction, reconstruc-
tion, erection, development, redevelopment, rehabilitation, renovation,
modernization or improvement of buildings or structures, including any land
necessary therefor, within the boundaries of Baltimore City, which buildings
or structures are to be used or occupied for industrial purposes; to make or

ORDINANCES 329

contract to make financial loans to any person or other legal entity to be used
for or in connection with the purchase or acquisition of leasehold or fee simple
interests in buildings or structures, and for construction, reconstruction, erec-
tion, development, rehabilitation, renovation, redevelopment or improvement
of buildings or structures, located within the boundaries of Baltimore City,
which buildings or structures are to be used or occupied for commercial pur-
poses; to guarantee or insure financial loans made by third parties to any per-
son or other legal entity to be used for or in connection with the purchase or
acquisition of leasehold or fee simple interests in buildings or structures, and
for construction, reconstruction, erection, development, rehabilitation,
renovation, redevelopment, or improvement of buildings or structures, located
within the boundaries of Baltimore City, which buildings or structures are to
be used or occupied for commercial purposes; and for doing any and all things
necessary, proper or expedient in connection with or pertaining to any or all of
the matters or things hereinbefore mentioned; conferring and imposing upon
the Board of Finance of Baltimore City certain powers and duties; authorizing
the submission of this ordinance to the legal voters of the City of Baltimore,
for their approval or disapproval, at the general election to be held in
Baltimore City on Tuesday, the 6th day of November, 1984; providing that the
financial loans made, guaranteed or insured shall be self-supporting, and pro-
viding for the expenditure of the proceeds of sale of said certificates of in-
debtedness in accordance with the provisions of the Charter of the Mayor and
City Council of Baltimore, and by the municipal agency designated in the an-
nual Ordinance of Estimates of the Mayor and City Council of Baltimore.

Whereas, by Resolution VI of 1984 approved by the Members of the General
Assembly of Maryland representing Baltimore City, the Mayor and City Council
of Baltimore is authorized to create a debt and to issue and sell its certificates of
indebtedness (hereinafter called "bonds") as evidence thereof, to an amount not
exceeding Six Million Dollars ($6,000,000.00) in the manner and upon the terms
set forth in said Resolution, the proceeds thereof, not exceeding the par value of
said certificates of indebtedness, to be used for or in connection with making,
guaranteeing, or insuring financial loans for the purchasing, acquiring,
constructing, reconstructing, erecting, developing, redeveloping, rehabilitating,
renovatmg, modernizing or improving industrial and commercial properties in
Baltimore City, as authorized by said Resolution; and

WuEKKAS, Funds are now needed for said purposes; therefore

Se( Tio.N \. Be it ordained by the Mayor and City Council of Baltimore. That
the Mayor and City Council of Baltimore, acting by and through the Board of
Finance of said municipality, be and it is hereby authorized and empowered to
issue bonds of the Mayor and City Council of Baltimore to an amount not ex-
ceeding Six Million Dollars ($6,000,000.00), from time to time, as the same may
be needed or required for the purposes hereinafter named and said bonds shall be
sold by said Board of Finance from time to time and at such times as shall be req-
uisite, and the proceeds derived from the sale of said bonds shall be used for the
purposes hereinafter named, provided that this Ordinance shall not become ef-
fective unless it shall be approved by a majority of the votes of the legal voters of

330 ORDINANCES Ord. No. 116

Baltimore City cast at the time and place hereinafter designated by this
Ordinance.

Sec. 2. And be it further ordained, That:

(a) Said bonds shall be issued in denominations of not less than One Thousand
Dollars ($1,000.00) each, but may be in sums of One Thousand Dollars
($1,000.00), or any suitable multiple thereof.

ORDINANCES 331

whenever any of the bonds authorized by this Ordinance are offered for sale and
sold at the same time as other bonds of said City, to establish the conditions for
bids and awards and to award all of said bonds on an all or none basis; and the
time, place, terms and nnanner of settlement for the bonds so bid for.

Sec. 4. And be it further ordained. That:

Sec. 5. And be it further ordained, That until all of the interest on and principal
of any bonds issued pursuant to the provisions of this Ordinance have been paid
in full, the Mayor and City Council of Baltimore shall levy and impose an annual
tax on each One Hundred Dollars ($100.00) of assessable property in the City of
Baltimore at a rate sufficient to produce revenue to pay all interest on and prin-
cipal of all bonds theretofore issued and outstanding or authorized to be issued
and outstanding, payable in the next succeeding year.

Sec. 6. And be it further ordained, That this Ordinance shall be submitted to
the legal voters of the City of Baltimore, for their approval or disapproval, at the
General Election to be held in Baltimore City, on Tuesday, the 6th day of
November, 1984.

Sec. 7. And be it further ordained, That prior to the date of the election
hereinbefore mentioned, notice shall be given to the public of the amount of
money which the Mayor and City Council of Baltimore is authorized to borrow,
and the general purposes for which such borrowed funds may be expended,
under the terms and provisions of this Ordinance, and the time when the election
hereinbefore mentioned is to be held; and such public notice shall be given in such
manner and by such means or through such media and at such time or times as
may be determined, from lime to time, by a majority of the Board of Finance.

Sec. 8. And be it further ordained, That the actual cash proceeds derived from
the sale of the bonds authorized to be issued under the provisions of this

332 ORDINANCES Ord. No. 116

Ordinance, not exceeding the par value thereof, shall be used exclusively for the
following purposes, to wit:

(b) The remainder of such proceeds to be used to make or contract to make
financial loans to any person or other legal entity to be used for or in connection
with the purchase, acquisition, construction, reconstruction, erection, develop-
ment, redevelopment, rehabilitation, renovation, modernization or improvement
of buildings or structures, including any land necessary therefor, within the
boundaries of Baltimore City, which buildings or structures are to be used or oc-
cupied for industrial purposes; to guarantee or insure financial loans made by
third parties to any person or other legal entity which are to be used for or in con-
nection with the purchase, acquisition, construction, reconstruction, erection,
development, redevelopment, rehabilitation, renovation, modernization or im-
provement of buildings or structures, including any land necessary therefor,
within the boundaries of Baltimore City, which buildings or structures are to be
used or occupied for industrial purposes; to make or contract to make financial
loans to any person or other legal entity to be used for or in connection with the
purchase or acquisition of leasehold or fee simple interests in buildings or struc-
tures, and for construction, reconstruction, erection, development, rehabilita-
tion, renovation, redevelopment or improvement of buildings or structures,
located within the boundaries of Baltimore City, which buildings or structures
are to be used or occupied for commercial purposes; to guarantee or insure finan-
cial loans made by third parties to any person or other legal entity to be used for
or in connection with the purchase or acquisition of leasehold or fee simple in-
terests in buildings or structures, and for construction, reconstruction, erection,
development, rehabilitation, renovation, redevelopment or improvement of
buildings or structures, located within the boundaries of Baltimore City, which
buildings or structures are to be used or occupied for commercial purposes; and
for doing any and all things necessary, proper or expedient in connection with or
pertaining to any or all of the matters or things hereinbefore mentioned;

Sec. 9. And be it further ordained, That no part of the proceeds of sale of the
bonds hereby authorized to be issued shall be expended until after the Board of
Finance has determined, based upon such data as said Board of Finance shjill re-
quire to be submitted to it to enable it to make such determination, that any
financial loans made, guaranteed or insured from such proceeds, shall, in fact, be
self-supporting.

Sec. 10. And be it further ordained, That the expenditure of the proceeds
derived from the sale of the bonds authorized to be issued under the provisions of
this Ordinance shall be in accordance with the provisions of the Charter of the
Mayor and City Council of Baltimore, and by the municipal agency designated in
the annual Ordinance of Estimates of the Mayor and City Council of Baltimore.

Approved June 25, 1984

WILLIAM DONALD SCHAEFER, Mayor.

ORDINANCES 333

No. 117
(Council No. 229)

AN ORDINANCE concerning

BOND ISSUE -STREET AND BRIDGE LOAN

FOR the purpose of authorizing the Mayor and City Council of Baltimore (pur-
suant to Resolution XII of 1984 approved by the members of the General
Assembly of Maryland representing Baltimore City), to issue and sell its cer-
tificates of indebtedness to an amount not exceeding ten million dollars
($10,000,000.00), the proceeds derived from the sale of the same to be used for
the cost of issuance, including the expense of engraving, printing, advertising,
attorneys' fees, and all other incidental expenses connected therewith, and the
remainder of such proceeds shall be used for or in connection with the demoli-
tion, removal, relocation, renovation, alteration, construction, reconstruction,
installation, improvement and repair of land, buildings, streets, highways,
alleys, bridges, utilities or services, and other related structures or im-
provements, located within the boundaries of Baltimore City, and the payment
of any and all costs and expenses incurred for or in connection with doing any
and all things herein mentioned, including, but not limited to, the costs and ex-
penses of securing administrative, appraisal, economic analysis, engineering,
planning, designing, architectural, surveying, and other professional services;
and for doing any and all things necessary, proper or expedient in connection
with or pertaining to any or all of the matters or things hereinbefore men-
tioned; to confer and impose upon the Board of Finance of Baltimore City cer-
tain powers and duties; to authorize the submission of this ordinance to the
legal voters of the City of Baltimore, for their approval or disapproval, at the
general election to be held in Baltimore City on Tuesday, the 6th day of
November, 1984 and providing for the expenditure of the proceeds of sale of
said certificates of indebtedness in accordance with the provisions of the
Charter of the Mayor and City Council of Baltimore, and by the municipal
agency designated in the annual Ordinance of Estimates of the Mayor and City
Council of Baltimore.

Where.\s, by Resolution XII of 1984 approved by the Members of the General
Assembly of Maryland representing Baltimore City, the Mayor and City Council
of Baltimore is authorized to create a debt and to issue and sell its certificates of
indebtedness (hereinafter called "bonds") as evidence thereof, to an amount not
exceeding Ten Million Dollars ($10,000,000.00) in the manner and upon the
terms set forth in said Resolution, the net cash proceeds derived from the sale of
said bonds, not exceeding the par value of said bonds, to be used for street and
bridge purposes as authorized by said Resolution; and

Whkklas, Funds are now needed for said purposes; therefore

Skctidn 1. Be It ordauu'd by the Mayor and City Cuuncil of Hallunore, That
the Mayor and City Council of Baltimore, acting by and through the Board of
Finance of said municipality, be and it is hereby authorized and empowered to

334 ORDINANCES Ord. No. 117

issue bonds of the Mayor and City Council of Baltimore to an amount not ex-
ceeding Ten Million Dollars ($10,000,000.00), from time to time, as the same may
be needed or required for the purposes hereinafter named and said bonds shall be
sold by said Board of Finance from time to time and at such times as shall be req-
uisite, and the proceeds derived from the sale of said bonds shall be used for the
purposes hereinafter named, provided that this Ordinance shall not become ef-
fective unless it shall be approved by a majority of the votes of the legal voters of
Baltimore City cast at the time and place hereinafter designated by this
Ordinance.

Sec. 2. And be it further ordained, That:

(a) Said bonds shall be issued in denominations of not less than One Thousand
Dollars ($1,000.00) each, but may be in sums of One Thousand Dollars
($1,000.00), or any suitable multiple thereof.

ORDINANCES 335

(c) The time, place, manner and medium of advertisement of the readiness of
the Board of Finance, acting for an on behalf of the Mayor and City Council of
Baltimore, to receive bids for the purchase of the bonds authorized to be issued
hereunder, or any part thereof; the form, terms and conditions of such bids; the
time, place, and manner of awarding bonds so bid for, including the right
whenever any of the bonds authorized by this Ordinance are offered for sale and
sold at the same time as other bonds of said City, to establish the conditions for
bids and awards and to award all of said bonds on an all or none basis; and the
time, place, terms and manner of settlement for the bonds so bid for.

Section i.And be it further ordained. That:

(c) All bonds issued and sold pursuant to the provisions of this Ordinance shall
be sold at public sale to the highest responsible bidder or bidders therefor after
due notice of such sale, but the Mayor and City Council of Baltimore, acting by
and through the Board of Finance thereof, shall have the right to reject any or all
bids therefor for any reason, and thereafter reoffer such bonds at public sale as
aforesaid or at private sale, provided that is such bonds be offered at private sale
they shall be offered for sale and sold for not less than par and accrued interest.

Sec. b.Ayid be it further ordained, That until all of the interest on and principal
of any bonds issued pursuant to the provisions of this Ordinance have been paid
in full, the Mayor and City Council of Baltimore shall levy and impose an annual
tax on each One Hundred Dollars ($100.00) of assessable property in the City of
Baltimore at a rate sufficient to produce revenue to pay all interest on and prin-
cipal of all bonds theretofore issued and outstanding or authorized to be issued
and outstanding, payable in the next succeeding year.

Stc. 6. And be it further ordained, That this Ordinance shall be submitted to
the legal voters of the City of Baltimore, for their approval or disapproval, at the
General Election to be held in Baltimore City, on Tuesday, the 6th day of
November, 1984.

336 ORDINANCES Ord. No. 118

hereinbefore mentioned is to be held; and such public notice shall be given in such
manner and by such means or through such media and at such time or times as
may be determined, from time to time, by a majority of the Board of Finance.

(b) The remainder of such proceeds shall be used for or in connection with the
demolition, removal, relocation, renovation, alteration, construction, reconstruc-
tion, installation, improvement and repair of land, buildings, streets, highways,
alleys, bridges, utitlities or services, and other related structures or im-
provements, located within the boundaries of Baltimore City, and the payment of
any and all costs and expenses incurred for or in connection with doing and all
things herein mentioned, including, but limited to, the costs and expenses of
securing administrative, appraisal, economic analysis, engineering, planning,
designing, architectural, surveying, and other professional services; and for do-
ing any and all things necessary, proper or expedient in connection with or per-
taining to any or all the matters or things hereinbefore mentioned.

Sec. 9. And be it further ordained. That the expenditure of the proceeds de-
rived from the sale of the bonds authorized to be issued under the provisions of
this Ordinance shall be in accordance with the provisions of the Charter of the
Mayor and City Council of Baltimore, and by the municipal agency designated in
the annual Ordinance of Estimates of the Mayor and City Council of Baltimore.

Approved June 25, 1984

WILLIAM DONALD SCHAEFER, Mayor

No. 118
(Council No. 230)

AN ORDINANCE concerning

BOND ISSUE -SOLID WASTE LOAN

FOR the purpose of authorizing the Mayor and City Council of Baltimore (pur-
suant to Resolution II of 1984 approved by the members of the General
Assembly of Maryland representing Baltimore City), to issue and sell its cer-
tificates of indebtedness to an amount not exceeding One Million Dollars
($1,000,000.00), the proceeds derived from the sale of the same to be used for

ORDINANCES 337

the cost of issuance, including the expense of engraving, printing, advertising,
attorneys' fees, and all other incidental expenses connected therewith, and the
remainder of such proceeds shall be used for or in connection with planning,
developing, and making operative a comprehensive system for the disposal of
solid wastes, including, but not limited to, the following, in connection with
said solid waste disposal system: the acquisition, by purchase or condemna-
tion, or any other legal means, of land or property, or any rights therein, in the
City of Baltimore, constructing and erecting on said land or property or on any
land or property now or hereafter owned by the Mayor and City Council of
Baltimore new buildings, structures and facilities; improving and developing
any landfill sites in the City of Baltimore which are now or hereafter owned by
the Mayor and City Council of Baltimore; the establishment and development
of sites for landfills and the establishment and development of transfer sta-
tions; the acquisition or installation of materials and equipment needed for or
in connection with any or all of the forementioned activities, and for doing any
and all things necessary, proper or expedient in connection with or pertaining
to any or all of the matters or things hereinbefore mentioned; to confer and im-
pose upon the Board of Finance of Baltimore City certain powers and duties;
to authorize the submission of this Ordinance to the legal voters of the City of
Baltimore, for their approval or disapproval, at the General Election to be held
in Baltimore City on Tuesday, the 6th day of November, 1984 and providing
for the expenditure of the proceeds of sale of said certificates of mdebtedness
in accordance with the provisions of the Charter of the Mayor and City Council
of Baltimore, and by the municipal agency designated in the annual Ordinance
of Estimates of the Mayor and City Council of Baltimore.

Whereas, by Resolution II of 1984 approved by the Members of the General
Assembly of Maryland representing Baltimore City, the Mayor and City Council
of Baltimore is authorized to create a debt and to issue and sell its certificates of
indebtedness (hereinafter called "bonds") as evidence thereof, to an amount not
exceeding One Million Dollars ($1,000,000.00) in the manner and upon the terms
set forth in said Resolution, the net cash proceeds derived from the sale of said
bonds, not exceeding the par value of said bonds, to be used for or in connection
with a comprehensive program for the disposal of solid waste as authorized by
said Resolution; and

Whereas, Funds are now needed for said purposes; therefore

Section I. Be it ordained by the Mayor and City Council of Baltimore. That
the Mayor and City Council of Baltimore, acting by and through the Board of
Finance of said municipality, be and it is hereby authorized and empowered to
issue bonds of the Mayor and City Council of Baltimore to an amount not ex-
ceeding One Million Dollars ($1,000,000.00), from time to time, as the same may
be needed or required for the purposes hereinafter named and said bonds shall be
sold by said Board of Finance from time to time and at such times as shall be req-
uisite, and the proceeds derived from the sale of said bonds shall be used for the
purposes hereinafter named, provided that this Ordinance shall not become ef-
fective unless it shall be approved by a majority of the votes of the legal voters of
Baltimore City cast at the time and place hereinafter designated by this
Ordinance.

338 ORDINANCES Ord. No. 118

Sec. 2. And be it further ordained. That:

(a) Said bonds shall be issued in denominations of not less than One Thousand
Dollars ($1,000.00) each, but may be in sums of One Thousand Dollars
($1,000.00), or any suitable multiple thereof.

(c) The time, place, manner and medium of advertisement of the readiness of
the Board of Finance, acting for and on behalf of the Mayor and City Council of
Baltimore, to receive bids for the purchase of the bonds authorized to be issued
hereunder, or any part thereof; the form, terms and conditions of such bids; the
time, place and manner of awarding bonds so bid for, including the right
whenever any of the bonds authorized by this Ordinance are offered for sale and
sold at the same time as other bonds of said City, to establish the conditions for

ORDINANCES 339

bids and awards and to award all of said bonds on an all or none basis; and the
time, place, terms and manner of settlement for the bonds so bid for.

Sec. 4. And be it further ordained, That:

Sec. 5. Aiid be it further ordained, That until all of the interest on and principal
of any bonds issued pursuant to the provisions of this Ordinance have been paid
in full, the Mayor and City Council of Baltimore shall levy and impose an annual
tax on each One Hundred Dollars ($100.00) of assessable property in the City of
Baltimore at a rate sufficient to produce revenue to pay all interest on and prin-
cipal of all bonds theretofore issued and outstanding or authorized to be issued
and outstanding, payable in the next succeeding year.

Sec. 7. And be it further ordained. That prior to the date of the election
hereinbefore mentioned, notice shall be given to the public of the amount of
money which the Mayor and City Council of Baltimore is authorized to borrow,
and the general purposes for which such borrowed funds may be expended,
under the terms and provisions of this Ordinance, and the time when the election
hereinbefore mentioned is to be held; and such public notice shall be given in such
manner and by such means or through such media and at such time or times as
may be determined, from time to time, by a majority of the Board of Finance.

Sec. %.And be it further ordained. That the actual cash proceeds derived from
the sale of the bonds authorized to be issued under the provisions of this
Ordinance, not exceeding the par value thereof, shall be used exclusively for the
following purposes, to wit:

340 ORDINANCES Ord. No. 119

(b) The remainder of such proceeds shall be used for or in connection with plan-
ning, developing, and making operative a comprehensive system for the disposal
of solid wastes, including, but not limited to, the following, in connection with
said solid waste disposal system; the acquisition by purchase or condemnation, or
any other legal means, of land or property, or any rights therein, in the City of
Baltimore; constructing and erecting on said land or property or on any land or
property now or hereafter owned by the Mayor and City Council of Baltimore
new buildings, structures and facilities; improving and developing any landfill
sites in the City of Baltimore which are now or hereafter owned by the Mayor
and City Council of Baltimore; the establishment and development of sites for
landfills and the establishment and development of transfer stations; the acquisi-
tion or installation of materials and equipment needed for or in connection with
any or all of the forementioned activities, and for doing any and all things
necessary, proper or expedient in connection with or pertaining to any or all the
matters or things hereinbefore mentioned.

Sec. 9. And be it further ordained, That the expenditure of the proceeds de-
rived from the sale of the bonds authorized to be issued under the provisions of
this Ordinance shall be in accordance with the provisions of the Charter of the
Mayor and City Council of Baltimore, and by the municipal agency designated in
the annual Ordinance of Estimates of the Mayor and City Council of Baltimore.

Approved June 25, 1984

WILLIAM DONALD SCHAEFER. Mayor.

No. 119
(Council No. 232)

AN ORDINANCE concerning

BOND ISSUE -RECREATION AND PARKS LOAN

FOR the purpose of authorizing the Mayor and City Council of Baltimore (pur-
suant to Resolution IX of 1984 approved by the members of the General
Assembly of Maryland representing Baltimore City), to issue and sell its cer-
tificates of indebtedness to an amount not exceeding Two Million Dollars
($2,000,000.00), the proceeds derived from the sale of the same to be used for
the cost of issuance, including the expense of engraving, printing, advertising,
attorneys' fees, and all other incidental expenses connected therewith, and the
remainder of such proceeds shall be used for the acquisition, by purchase or
condemnation of any other legal means, or land or property in the City of
Baltimore and establishing thereon or therein, or on or in land or property now

ORDINANCES 341

or hereafter owned by the Mayor and City Council of Baltimore, new parks,
playgrounds, playfields, playlots, recreational centers or recreational
buildings; and for the design, redesign, development, redevelopment and im-
provement of park, school and other properties now or hereafter owned by the
Mayor and City Council of Baltimore for park or recreational purposes; and
for the acquisition, construction, reconstruction, installation, erection, protec-
tion, extension, enlargement, renovation or modernization of, and additions
to, public park or recreational buildings, structures or facilities, including, but
not limited to, the zoo located in Druid Hill Park; and for the acquisition and in-
stallation of equipment for any and all new facilities authorized to be con-
structed, erected or established under the provisions hereof, and for doing any
and all things necessary, proper or expedient in connection with or pertaining
to any or all of the matters or things hereinbefore mentioned; provided,
however, that no part of such proceeds shall be used to pay costs not directly
related to and required for the acquisition, construction, or completion of a
specific physical improvement and the initial equipping thereof; limiting the
use of the proceeds of the sale of the bonds to expenditures for capital im-
provement projects having an estimated service life of not less than fifteen
(15) years, and providing that such proceeds shall not be used for current
operating expenses of the City; to confer and impose upon the Board of
Finance of Baltimore City certain powers and duties; to authorize the submis-
sion of this Ordinance to the legal voters of the City of Baltimore, for their ap-
proval or disapproval, at the General Election to be held in Baltimore City on
Tuesday, the 6th day of November, 1984 and providing for the expenditure of
the proceeds of sale of said certificates of indebtedness in accordance with the
provisions of the Charter of the Mayor and City Council of Baltimore, and by
the municipal agency designated in the annual Ordinance of Estimates of the
Mayor and City Council of Baltimore.

Whereas, by Resolution IX of 1984 approved by the Members of the General
Assembly of Mar>'land representing Baltimore City, the Mayor and City Council
of Baltimore is authorized to create a debt and to issue and sell its certificates of
indebtedness (hereinafter called "bonds") as evidence thereof, to an amount not
exceeding Two Million Dollars ($2,000,000.00) in the manner and upon the terms
set forth in said Resolution, the net cash proceeds derived from the sale of said
bonds, nut exceeding the par value of said bonds, to be used for recreational and
park purposes as authorized by said Resolution; and

WnEKE.AS, Funds are now needed for said purposes; therefore

Seltio.n 1. Be it ordained by the Mayor and City Council of Baltimore. That
the Mayor and City Council of Baltimore, acting by and through the Board of
Finance of said municipality, be and it is hereby authorized and empowered to
issue bonds of the Mayor aiui City Council of Baltimore to an amount not ex-
ceeding Two Million Dollars ($2,000,000.00), from time to time, as the same may
be needed or required for the pur})oses hereinafter named and said bonds shall be
sold by said Board of Finance from time to tinie and at such tinies as shall be req-
uisite, and the proceeds derived from the sale of said lionds shall be used for the
pur|>oses hereinafter named, provided that this Ordinance shall not become ef-
fective unless it shall be apprcjved by a majority of the votes of the legal voters of

342 ORDINANCES Ord. No. 119

Baltimore City cast at the time and place hereinafter designated by this
Ordinance.

Sec. 2. And be it further ordained, That:

(a) Said bonds shall be issued in denominations of not less than One Thousand
Dollars ($1,000.00) each, but may be in sums of One Thousand Dollars
($1,000.00), or any suitable multiple thereof.

Sec- 3. And be it further ordained, That a majority of the Board of Finance of
the Mayor and City Council of Baltimore be, and they are hereby, authorized to
pass a resolution or resolutions, from time to time, to determine and set forth
any or all of the following:

OKDINANCES 343

time, place, and manner of awarding bonds so bid for, including the right
whenever any of the lx)nds authorized by this Ordinance are offered for sale and
sold at the same time as other bonds of said City, to establish the conditions for
bids and awards and to award all of said bonds on an all or none basis; and the
time, place, terms and manner of settlement for the bonds so bid for.

Sec. 4. And be it further ordained. That:

(b) The debt authorized by the provisions of this Ordinance, and the bonds
issued and sold pursuant thereto and their transfer, and the principal and in-
terest payable thereon (including any profit made in the sale thereoO, shall be
and remain exempt from any and all State, county and municipal taxation in the
State of Maryland.

Skc. 5. And be it further urdai)ied, That ujitil all of the interest on and principal
of any bonds issued pursuant to the provisions of this Ordinance have been paid
in full, the Mayor and City Council of Baltimore shall levy and impose an annual
tax on each One Hundred Dollars ($100.00) of assessable property in the City of
Baltimore at a rate sufficient to produce revenue to pay all interest on and prin-
cipal of all bonds theretofore issued and outstanding or authorized to be issued
and outstanding, payable in the next succeeding year.

Sec. 6. And be it further urdained, That this Ordinance shall be submitted to
the legal voters of the City of Baltimore, for their approval or disapproval, at the
General Election to be held in Baltimore City, on Tuesday, the 6th day of
November, 1984.

Skc. 7. And be it further ordained. That prior to the date of the election
hereinbefore mentioned, notice shall be given to the public of the amount of
money which the May<»r and City Council of Baltimore is authorized to borrow,
and the general purp(jses for which such borrowed funds may be expended,
under the terms and provisions of this Ordinance, and the time when the election
hereinbefore mentioned is to be held; and such public notice shall be given in such
manner and by such means or through such media and at such time or times as
may be determined, from lime to time, by a majority of the Bcjard of Finance.

Sec . 8. And be it further indamed. That the actual cash proceeds derived from
the sale of the bonds authorized to be issued under the provisions of this

344 ORDINANCES Ord. No. 119

Ordinance, not exceeding the par value thereof, shall be used exclusively for the
following purposes, to wit:

(b) The remainder of such proceeds shall be used for the acquisition, by pur-
chase or condemnation or any other legal means, of land or property in the City
of Baltimore and establishing thereon or therein, or on or in land or property now
or hereafter owned by the Mayor and City Council of Baltimore, new parks,
playgrounds, playfields, playlots, recreational centers or recreational buildings;
and for the design, redesign, development, redevelopment and improvement of
park, school and other properties now or hereafter owned by the Mayor and City
Council of Baltimore for park or recreational purposes; and for the acquisition,
construction, reconstruction, installation, erection, protection, extension,
enlargement, renovation or modernization of, and additions to, public park or
recreational buildings, structures or facilities, including, but not limited to, the
zoo located in Druid Hill Park; and for the acquisition and installation of equip-
ment for any and all new facilities authorized to be constructed, erected or
established under the provisions hereof, and for doing any and all things
necessary, proper or expedient in connection with or pertaining to any or all of
the matters or things hereinbefore mentioned; provided, however, that no part of
such proceeds shall be used to pay costs not directly related to and required for
the acquisition, construction, or completion of a specific physical improvement
and the initial equipping thereof;

(c) The use of the proceeds of the sale of the bonds shall be limited to expendi-
tures for capital improvement projects having an estimated service life of not
less than fifteen (15) years, and providing that such proceeds shall not be used for
current operating expenses of the City.

Sec. 9. And be it further ordained, That the expenditure of the proceeds de-
rived from the sale of the bonds authorized to be issued under the provisions of
this Ordinance shall be in accordance with the provisions of the Charter of the
Mayor and City Council of Baltimore, and by the municipal agency designated in
the annual Ordinance of Estimates of the Mayor and City Council of Baltimore.

Approved June 25, 1984

WILLIAM DONALD SCHAEFER. Mayor.

ORDINANCES 345

No. 120
(Council No. 233)

AN ORDINANCE concerning

BOND ISSUE -COMMUNITY DEVELOPMENT LOAN

FOR the purpose of authorizing the Mayor and City Council of Baltimore (pur-
suant to Resolution I of 1984 approved by the members of the General
Assembly of Maryland representing Baltimore City), to issue and sell its cer-
tificates of indebtedness to an amount not exceeding Twelve Million Dollars
($12,000,000.00), the proceeds derived from the sale of the same to be used for
the cost of issuance, including the expense of engraving, printing, advertising,
attorneys' fees, and aJI other incidental expenses connected therewith, and the
remainder of such proceeds shall be used for or in connection with planning,
developing, executing, and making operative the Community Development
Program of the Mayor and City Council of Baltimore, including, but not
limited to, the acquisition, by purchase, lease, condemnation or any other legal
means, of land or property, or any right, interest, franchise, easement or
privilege therein, in the City of Baltimore; the payment of any and all costs
and expenses incurred in connection with or incidental to the acquisition and
management of said land or property, including any and all rights or interest
therein hereinbefore mentioned; and payment of any and all costs and ex-
penses incurred for or in connection with relocating and moving persons or
other legal entities displaced by the acquisition of said land or property, or any
of the rights or interest therein hereinbefore mentioned; the development, or
redevelopment, including, but not limited to, the comprehensive renovation or
rehabilitation of any land or property, or any rights or interests therein
hereinbefore mentioned, in the City of Baltimore, and the disposition of land
and property for such purposes; the elimination of unhealthful, unsanitary or
unsafe conditions, lessening density, eliminating obsolete or other uses
detrimental to the public welfare or otherwise removing or preventing the
spread of blight or deterioration in the City of Baltimore; the demolition,
removal, relocation, renovation or alteration of land, buildings, streets,
highways, alleys, utilities or services, and other structures or improvements,
and for the construction, reconstruction, installation, relocation or repair of
buildings, streets, highways, alleys, utilities or services, and other structures
or improvements; the payment of any and all costs and expenses incurred for
or in connection with doing any or all of the things herein mentioned, in-
cluding, but not limited to, the costs and expenses of securing administrative,
appraisal, economic analysis, engineering, planning, designing, architectural,
surveying, and other professional services; and doing any and all things
necessary, proper or expedient in connection with or pertaining to any or all of
the matters or things hereinbefore mentioned; limiting the use of the proceeds
of the sale of the bonds to expenditures for capital improvement projects hav-
ing an estimated service life of not less than fifteen (15) years, and providing
that such proceeds shall not be used for current operating expenses of the
City; conferring and imposing upon the Board of Finance of Baltimore City
certain powers and duties; authorizing the submission of this ordinance to the

346 ORDINANCES Ord. No. 120

legal voters of the City of Baltimore, for their approval or disapproval, at the
General Election to be held in Baltimore City on Tuesday, the 6th day of
November, 1984 and providing for the expenditures of the proceeds of sale of
said certificates of indebtedness in accordance with the provisions of the
Charter of the Mayor and City Council of Baltimore, and by the municipal
agency designated in the annual Ordinance of Estimates of the Mayor and City
Council of Baltimore.

Whereas, by Resolution I of 1984 approved by the Members of the General
Assembly of Maryland representing Baltimore City, the Mayor and City Council
of Baltimore is authorized to create a debt and to issue and sell its certificates of
indebtedness (hereinafter called "bonds") as evidence thereof, to an amount not
exceeding Twelve Million Dollars ($12,000,000.00) in the manner and upon the
terms set forth in said Resolution, the proceeds thereof, not exceeding the par
value of said certificates of indebtedness, to be used for or in connection with the
Community Development Program of the City of Baltimore; and

Whereas, Funds are now needed for said purposes; therefore

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That
the Mayor and City Council of Baltimore, acting by and through the Board of
Finance of said municipality, be and it is hereby authorized and empowered to
issue bonds of the Mayor and City Council of Baltimore to an amount not ex-
ceeding Twelve Million Dollars ($12,000,000.00), from time to time, as the same
may be needed or required for the purposes hereinafter named and said bonds
shall be sold by said Board of Finance from time to time and at such times as shall
be requisite, and the proceeds derived from the sale of said bonds shall be used
for the purposes hereinafter named, provided that this Ordinance shall not
become effective unless it shall be approved by a majority of the votes of the legal
voters of Baltimore City cast at the time and place hereinafter designated by this
Ordinance.

Sec. 2. And be it further ordained, That:

(a) Said bonds shall be issued in denominations of not less than One Thousand
Dollars ($1,000.00) each, but may be in sums of One Thousand Dollars
($1,000.00), or any suitable multiple thereof.

(b) Said bonds, or any part thereof, shall be issued in accordance with a serial
maturity plan so worked out as to discharge the entire principle amount
represented thereby within not more than forty (40) years from the date of their
issuance; provided, however, that it shall not be necessary to provide for the
maturity of any part of the principal amount represented by any of said bonds for
the first five (5) years from the date of their issuance.

ORDINANCES 347

Sec. 3. And be it further ordained. That a majority of the Board of Finance of
the Mayor and City Council of Baltimore be, and they are hereby, authorized to
pass a resolution or resolutions, from time to time, to determine and set forth
any or all of the following:

(c) The time, place, manner and medium of advertisenient of the readiness of
the Board of Finance, acting for and on behalf of the Mayor and City Council of
Baltimore, to receive bids for the purchase of the bonds authorized to be issued
hereunder, or any part thereof; the form, terms and conditions of such bids; the
time, place, and manner of awarding bonds so bid for, including the right
whenever any of the bonds authorized by this Ordinance are offered for sale and
sold at the same time as other bonds of said City, to establish the conditions for
bids and awards and to award all of said bonds on an all or none basis; and the
time, place, terms and manner of settlement for the bonds so bid for.

Sec. 4. And be it further ordained, That:

(b) The debt authorized by the provisions of this Ordinance, and the bonds
issued and sold pursuant thereto and their transfer, and the principal and in-
terest payable thereon (inclucJing any profit made in the sale thereof), shall be
and remain exempt from any and all State, county and municipal taxation in the
State of Maryland.

(c) All bonds issued and sold pursuant to the provisions of this Ordinance shall
be sold at public sale to the highest responsible bidder or bidders therefor after

348 ORDINANCES Ord. No. 120

due notice of such sale, but the Mayor and City Council of Baltimore, acting by
and through the Board of Finance thereof, shall have the right to reject any or all
bids therefor for any reason, and thereafter reoffer such bonds at public sale as
aforesaid or at private sale, provided that if such bonds be offered at private sale
they shall be offered for sale and sold for not less than par and accrued interest.

(b) The remainder of such proceeds shall be used for or in connection with plan-
ning, developing, executing and making operative the Community Development
Program of the Mayor and City Council of Baltimore, including, but not limited to:

(i) the acquisition, by purchase, lease, condemnation or any other legal
means, of land or property, or any right, interest, franchise, easement or
privilege therein, in the City of Baltimore;

(iii) The payment of any and all costs and expenses incurred for or in con-
nection with relocating and moving persons or other legal entities displaced by

ORDINANCES 349

the acquisition of said land or property, or any of the rights or interests therein
hereinbefore mentioned;

(vii) The payment of any and all costs and expenses incurred for or in con-
nection with doing any or all of the things herein mentioned, including, but not
limited to, the costs and expenses of securing administrative, appraisal,
economic analysis, engineering, planning, designing, architectural, surveying
and other professional services; and

(viii) Doing any and all things necessary, proper or expedient in connection
with or pertaining to any or all of the matters or things hereinbefore mentioned.

All of such land or property shall be acquired, developed, redeveloped,
renovated, rehabilitated, altered, improved, held or disposed of, as provided by
law.

Sec. 9. And be it further ordained, That the expenditure of the proceeds de-
rived from the sale of the bonds authorized to be issued under the provisions of
this Ordinance shall be in accordance with the provisions of the Charter of the
Mayor and City Council of Baltimore, and by the municipal agency designated in
the annual Ordinance of Estimates of the Mayor and City Council of Baltimore.

Approved June 25, 1984

WILLIAM DONALD SCHAEFEK, Mayor.

350 ORDINANCES Ord. No. 121

No. 121
(Council No. 235)

AN ORDINANCE concerning

BOND ISSUE -HOUSING DEVELOPMENT LOAN

FOR the purpose of authorizing the Mayor and City Council of Baltimore (pur-
suant to Resolution VII of 1984 approved by the members of the General
Assembly of Maryland representing Baltimore City), to issue and sell its cer-
tificates of indebtedness to an amount not exceeding Four Million Dollars
($4,000,000.00), the proceeds derived from the sale of the same to be used for
the cost of issuance, including the expense of engraving, printing, advertising,
attorneys' fees, and all other incidental expenses connected therewith, and the
remainder of such proceeds shall be used to make or contract to make financial
loans to any person or other legal entity to be used for or in connection with
the purchase, acquisition, construction, erection, development, rehabilitation,
renovation, redevelopment or improvement of buildings or structures, in-
cluding any land necessary therefor, within the boundaries of Baltimore City,
which buildings or structures are to be used or occupied for residential pur-
poses; to guarantee or insure financial loans made by third parties to any per-
son or other legal entity which are to be used for or in connection with the pur-
chase, acquisition, construction, erection, development, rehabilitation, renova-
tion, redevelopment or improvement of buildings or structures, including any
land necessary therefor, within the boundaries of Baltimore City, which
buildings or structures are to be used or occupied for residential purposes; and
for doing any and all things necessary, proper or expedient in connection with
or pertaining to any or all of the matters or things hereinbefore mentioned;
conferring and imposing upon the Board of Finance of Baltimore City certain
powers and duties; authorizing the submission of this Ordinance to the legal
voters of the City of Baltimore, for their approval or disapproval, at the
General Election to be held in Baltimore City on Tuesday, the 6th day of
November, 1984; providing that the financial loans made, guaranteed or in-
sured shall be self-supporting, and providing for the expenditure of the pro-
ceeds of sale of said certificates of indebtedness in accordance with the provi-
sions of the Charter of the Mayor and City Council of Baltimore, and by the
Municipal Agency designated in the annual Ordinance of Estimates of the
Mayor and City Council of Baltimore.

Whereas, by Resolution VII of 1984 approved by the Members of the General
Assembly of Maryland representing Baltimore City, the Mayor and City Council
of Baltimore is authorized to create a debt and to issue and sell its certificates of
indebtedness (hereinafter called "bonds") as evidence thereof, to an amount not
exceeding Four Million Dollars ($4,000,000.00) in the manner and upon the terms
set forth in said Resolution, the proceeds thereof, not exceeding the par value of
said certificates of indebtedness, to be used for or in connection with making,
guaranteeing, or insuring financial loans for the purchase, acquisition, construc-
tion, erection, development, rehabilitation, renovation, redevelopment or im-
provement of residential properties in Baltimore City, as authorized by said
Resolution; and

ORDINANCES 351

Whereas, Funds are now needed for said purposes; therefore

Section 1. Be it ordained by the Mayor and City Council of Baltimore, That
the Mayor and City Council of Baltimore, acting by and through the Board of
Finance of said municipaHty, be and it is hereby authorized and empowered to
issue bonds of the Mayor and City Council of Baltimore to an amount not ex-
ceeding Four Million Dollars ($4,000,000.00), from time to time, as the same may
be needed or required for the purposes hereinafter named and said bonds shall be
sold by said Board of Finance from time to time and at such times as shall be req-
uisite, and the proceeds derived from the sale of said bonds shall be used for the
purposes hereinafter named, provided that this Ordinance shall not become ef-
fective unless it shall be approved by a majority of the votes of the legal voters of
Baltimore City cast at the time and place hereinafter designated by this
Ordinance.

Sec. 2. And be it further ordained, That:

(a) Said bonds shall be issued in denominations of not less than One Thousand
Dollars ($1,000.00) each, but may be in sums of One Thousand Dollars
($1,000.00), or any suitable multiple thereof.

352 ORDINANCES Orel. No. 121

Sec. 4. And be it further ordained, That:

Sec. 6. And be it further ordained, That this Ordinance shall be submitted to
the legal voters of the City of Baltimore, for their approval or disapproval, at the

ORDINANCES 353

General Election to be held in Baltimore City, on Tuesday, the 6th day of
November, 1984.

Sec. 7. And be it further ordained, That prior to the date of the election
hereinbefore mentioned, notice shall be given to the public of the amount of
money which the Mayor and City Council of Baltimore is authorized to borrow,
and the general purposes for vvhich such borrowed funds may be expended,
under the terms and provisions of this Ordinance, and the time when the election
hereinbefore mentioned is to be held; and such public notice shall be given in such
manner and by such means or through such media and at such time or times as
may be determined, from time to time, by a majority of the Board of Finance.

Sec. 10. And be it further ordained. That in case any land or property now or
hereafter owned by the Mayor and City Council of Baltimore is sold by it to any
legal entity for the purpose of construction, erection, development, rehabilita-
tion, renovation, redevelopment or improvement of buildings or structures,
which buildings or structures are to be used or occupied for residential purposes,
then the purchaser of said land or property shall pay to the municipality at least
an amount of money equal to the full appraised value of said land or property,

354 ORDINANCES Ord. No. 122

and in case any such land or property is leased by the municipality to any legal
entity for any of the purposes hereinbefore mentioned, then the lessee shall pay
annually to the municipality an amount of money equal to the reasonable rental
value of said land or property. In the event any such land or property is sold by
the municipality as aforesaid and such land or property is then reconveyed back
to the municipality as security for any loan made by the municipality to the pur-
chaser under the provisions of this Ordinance, then such purchaser shall pay an-
nually to the municipality in lieu of taxes a tax equivalent charge on such land or
property on the basis of the then prevailing tax assessment on the land and im-
provements and calculated at the City and State tax rates then in effect, in ac-
cordance with the policy of the Board of Estimates of the municipality. All
payments made in lieu of taxes shall be made when real estate taxes of the
municipality ordinarily become due and payable.

Approved June 25, 1984

WILLIAM DONALD SCHAEFER, Mayor.

No. 122
(Council No. 261)

AN ORDINANCE concerning

INDUSTRIAL DEVELOPMENT REVENUE BONDS -
(BALTIMORE CAR & TRUCK RENTAL PROJECT)

FOR the purpose of authorizing and empowering Mayor and City Council of
Baltimore (the "City") (1) to issue, sell and deliver, at any time or from time to
time and in one or more series, as limited obligations of the City and not upon
its full faith and credit, its industrial development revenue bonds, to be
designated "Baltimore City, Maryland Industrial Development Revenue
Bonds (Baltimore Car & Truck Rental Project) Series "A", in the aggregate
principal amount not to exceed $200,000 (the "Series A Bonds"), pursuant to
Sections 266A to 266-1, inclusive, of Article 41 of the Annotated Code of
Maryland (1982 Replacement Volume and 1983 Cumulative Supplement), as
amended, in order to use the Series A Bonds or the proceeds thereof to pur-
chase a facility to be sold to Leasing Syndications, Ltd. (the "Borrower") for
the sole and exclusive purpose of financing the costs, charges, fees and ex-
penses in connection with one or more of the following: (i) the acquisition of an
interest in land consisting of approximately 3 acres located at 200 North War-
wick Avenue in the City of Baltimore (the "Land"), (ii) the acquisition of an ex-
isting building of approximately 7,500 square feet situated on the land (the

ORDINANCES 355

"Building") to be used as a truck and car rental, service, repair and
maintenance facility, and (iii) the acquisition of such other interests in land as
may be necessary or suitable for the foregoing, including roads and rights of
access, utilities and other necessary site preparation facilities (collectively the
"Series A Project"), and (if necessary) the funding of reserves and payment of
interest on such Series A Bonds, which facility (the "Series A Facility") shall
be leased by the Borrower to, and used by, a tenant or tenants yet to be deter-
mined, and (2) to issue, sell and deliver, at any time or from time to time in one
or more series, as limited obligations of the City and not upon its full faith and
credit, its industrial development revenue bonds, to be designated "Baltimore
City, Maryland Industrial Development Revenue Bonds (Baltimore Car &
Truck Rental Project) Series B", in the aggregate principal amount not to
exceed $1,800,000 (the "Series B Bonds"), pursuant to Sections 266A to 266-1,
inclusive, of Article 41 of the Annotated Code of Maryland (1982 Replacement
Volume and 1983 Cumulative Supplement), as amended, in order to loan the
proceeds of the Series B Bonds to the Borrower for the sole and exclusive pur-
pose of financing the costs, charges, fees and expenses in connection with one
or more of the following: (i) the renovation of the building, (ii) the acquisition
and installation in the building, or use with respect to the building, of certain
machinery and equipment (including trucks, tractors, trailers and related
equipment which shall be used in connection with the truck and car rental,
service, repair and maintenance businesses of Baltimore Car & Truck Rental,
Inc. and another lessee or lessees of said equipment yet to be determined), and
other improvements as may be necessary or useful in connection with the
building or the use thereof, and (iii) the acquisition of such other interests in
land, machinery and equipment (including trucks, tractors, trailers and related
equipment which shall be used in connection with the truck and car rental,
service, repair and maintenance businesses of Baltimore Car & Truck Rental,
Inc. and another lessee or lessees of said equipment yet to be determined) as
may be necessary or suitiible for the foregoing, including roads and rights of
access, utilities and other necessary site preparation facilities (collectively the
"Series B Project"), and (if necessary) the funding or reserves and payment of
interest on the Series B Bonds, which facility (the "Series B F'acility") shall be
leased to Baltimore Car &. Truck Rental, Inc. and another lessee or lessees yet
to be determined for use in their truck and car rental, service, repair and
maintenance businesses at 200 North Warwick Avenue in Baltimore City,
Maryland and 2303 North Howard Street in Baltimore City, Maryland; reserv-
ing in the City certain rights concerning the issuance of the Series A Bonds
and the Series B Bonds; making certain legislative findings with respect to the
Series A Bonds and the Series B Bonds; authorizing the sale of the Series A
Project financed with the proceeds of the Series A Bonds to the Borrower;
authorizing the loan of the proceeds of the Series B Bonds to the Borrower;
authorizing and empowering the Board of Finance of the City, prior to the is-
suance, sale and delivery of Series A Bonds, to adopt a resoluti(jn jjursuant to
which the Board of Finance shall (a) approve the issuance of the Series A
Bonds, (b) specify, prescribe, determine, provide for and approve certain
details, forms, documents or procedures in connection with the Series A Bonds
issued hereunder and the use of the proceeds of such Series A Bonds to pur-
chase a facility to be sold to the Borrower and any other matters necessary or
desirable in connection with the authorization, issuance, sale, and payment of

35G ORDINANCES Ord. No. 122

such Series A Revenue Bonds, including, but not limited to, the form, terms,
provisions, manner or method of issuing and selhng, and the time or times of
issuance, and any and all other details of such Series A Bonds, and (c) do any
and all things necessary, proper or expedient in connection with the issuance
and sale of such Series A Bonds; authorizing and empowering the Board of
Finance of the City, prior to the issuance, sale and delivery of the Series B
Bonds, to adopt a resolution pursuant to which the Board of Finance shall (a)
approve the issuance of the Series B Bonds, (b) specify, prescribe, determine,
provide for and approve certain details, forms, documents or procedures in
connection with the Series B Bonds issued hereunder and the loan of the pro-
ceeds of such Series B Bonds to the Borrower and any other matters necessai7
or desirable in connection with the authorization, issuance, sale, and i^ayment of
such Series B Revenue Bonds, including, but not lin^ited to, the form, terms,
provisions, manner or method of issuing and selling, and the time or times of
issuance, and all other details of such Series B Bonds, and (c) do any and all
things necessary, proper or expedient in connection with the issuance and sale
of such Series B Bonds; providing that the Borrower shall agree to develop, in
conjunction with the Mayor's Office of Manpower Resources its successors and
assigns ("MOMR"), a plan covering future hiring needs and the use, wherever
possible, of the training and recruitment services of the MOMR in connection
with the acquisition and installation of the Series A Project and the Series B
Project; providing that the Borrower shall agree to submit certain plans and
specifications to, and to coordinate with, the Department of Housing and Com-
munity Development and the Department of Planning and their successors
and assigns in connection with the acquisition and installation of the Series A
Project and the Series B Project; authorizing the Mayor of the City to accept
the letter of intent from the Borrower dated March 10, 1984; providing that
the authorization for the issuance of the Series A Bonds and the Series B
Bonds hereunder shall be of limited duration; and generally providing for and
determining various matters and details in connection with the authorization,
issuance, security, sale and payment of such Series A Bonds and such Series B
Bonds.

RECITALS

The Maryland Economic Development Revenue Bond Act, Sections 2()6A
through 266-1, inclusive, of Article 41 of the Annotated Code of Maryland (1982
Replacement Volume and 1983 Cumulative Supplement) (the "Act") constitute
those provisions of Maryland law authorizing the issuance of industrial develop-
ment revenue bonds by all the counties and municipalities of the State of
Maryland (the "State").

The Act empowers the counties and municipalities of the State to issue revenue
bonds, bond anticipation notes, notes in the nature of commercial paper and
other instruments, certificates or evidences of obligation and to loan the pro-
ceeds of the sale of such revenue bonds to a facility applicant (as defined in the
Act) to finance the acquisition (as that term is defined in the Act) l)y such facility
applicant of a facility (as that term is defined in Section 266A of the Act). The Act
also empowers the counties and municipalities of the State to issue revenue
bonds, bond anticipation notes, not'js in the nature of commercial paper and

ORDINANCES 357

other instruments, certificates or evidences of obligation and to finance the ac-
quisition (as that term is defined in the Act) of a facihty (within the definition of
the Act) by acquiring the facihty and leasing or selling the facility to a facility ap-
plicant (as that term is defined in the Act). The Act declares it to be its legislative
purpose to relieve conditions of unemployment in the State, to encourage the in-
crease of industry and commerce and a balanced economy in the State, to assist
in the retention of existmg industry and commerce and in the attraction of new
industry and commerce in the State through, among other things, port develop-
ment and the control, reduction or abatement of pollution of the environment
and the utilization and disposal of wastes (where the proceeds of such bonds are
used for such purpose), to promote economic development, to protect natural
resources and encourage resource recovery and, generally, to promote the
health, welfare, and safety of the residents of each of the counties and
municipalities of the State.

The City has received a letter of intent (as contemplated by Section 266A(h) of
the Act) dated March 10, 1984 (the "Letter of Intent") from Leasing Syndica-
tions, Ltd., a Maryland corporation and a facility applicant (as defined in the Act)
and a facility user (as defined in the Act) (hereinafter referred to as the "Bor-
rower"), and Baltimore Car & Truck Rental, Inc. ("Baltimore Car & Truck
Rental"), a Maryland corporation and a facility applicant and a facility user, pur-
suant to which the Borrower and Baltimore Car & Truck Rental have requested
as follows: (1) that the City participate in the financing of the acquisition (within
the meaning of the Act) by the Borrower of a facility (within the definition of the
Act) to be located in Baltimore City, Maryland (the "Series A Facility") by the is-
suance and sale by the City of its Baltimore City, Maryland Industrial Develop-
ment Revenue Bonds (Baltimore Car &. Truck Rental Project) Series A, in an ag-
gregate principal amount not exceeding $200,000 (the "Series A Bonds"), and by
acquiring the Series A Facility with the proceeds of the sale of the Series A
Bonds and then selling the Series A Facility to the Borrower (the "Sale") upon
the terms and conditions of a conditional sale or similar form of agreement to be
entered into by the City and the Borrower (the "Sale Agieement"), as permitted
by the Act. aiui (2) that the City participate in the financing of the acquisition
(within the meaning of the Act) by the Borrower of a facility (within the defini-
tion of the Act) to be located in Baltimore City, Maryland (the "Series B Facility")
by the issuance and sale by the City of its Baltimore City, Maryland Industrial
Development Revenue Bonds (Baltimore Car & Truck Rental Project) Series B,
in an aggregate principal amount not exceeding $1,800,000 (the "Series B
Bonds"), and by loaning the proceeds of the Series B Bonds to the Borrower upon
the terms and conditions of one or more loan or other agreements to be entered
into between the City and the Borrower (collectively, the "Loan Agreement"), as
permitted by the Act (such loan being herein referred to as the "Loan").

The Series A Facility will consist generally of one or more of the following: (i)
the acquisition of an approximately 3 acre tract of land located at 200 North War-
wick Avenue, Baltimore, Maryland (the "Land"), (ii) the accjuisition of an existing
building of approxinuitely 7,500 stjuare feet situated on the Land (the "Building")
to be used as a car and truck rental, service, repair and maintenance facility, and
(iii) the ac(juisition of such other interests in land as may be necessary or suitable
for the foregoing, including roads and rights of access, utilities and other

358 ORDINANCES Ord. No. 122

necessary site preparation facilities. The Series A Facility will be acquired by the
City and then sold by the City to the Borrower. The Borrower will lease the
Series A Facility to a tenant or tenants yet to be determined (collectively, the
"Series A Facility User").

The Series B Facility will consist generally of one or more of the following: (i)
the renovation of the Building to be used as a car and truck rental, service, repair
and maintenance facility, (ii) the acquisition and installation in the Building, or
use with respect thereto, of certain machinery and equipment (including trucks,
tractors, trailers and related equipment which shall be used in connection with
the truck and car rental, service, repair and maintenance businesses of the Series
B Facility User (hereinafter defined) and other improvements therein as may be
necessary or useful in connection with the operation of the Facility User's
businesses, and (iii) the acquisition of such other interests in land, machinery and
equipment (including trucks, tractors, trailers and related equipment which shall
be used in connection with the truck and car rental, service, repair and
maintenance businesses of the Series B Facility User) as may be necessary or
suitable for the foregoing, including roads and rights of access, utilities and other
necessary site preparation facilities. The Series B Facility will be leased by the
Borrower to Baltimore Car & Truck Rental, Inc. and another lessee or lessees
yet to be determined (collectively, the "Series B Facility User") to be used in their
truck and car rental, service, repair and maintenance businesses at 200 North
Warwick Avenue in Baltimore City, Maryland and 2303 North Howard Street in
Baltimore City, Maryland.

The Sale Agreement will require the Borrower (a) to make purchase payments
which will be sufficient to pay the necessary costs of preparing, printing, selling
and issuing the Series A Bonds, the funding of reserves, and the payment of in-
terest with respect to such financing, in such amounts or for such period as the
Board of Finance of the City (the "Board") deems reasonable, or to finance other
costs permitted by the Act, and (b) to make purchase payments which will be suf-
ficient to pay the principal of, and interest and redemption premium (if any) on,
the Series A Bonds and all expenses incurred by the City in connection with the
issuance and sale of the Bonds and the sale of the Series A Facility, as the same
become due and payable.

The Loan Agreement will require the Borrower (a) to use the proceeds of the
Series B Bonds solely to finance the acquisition of the Facility, to pay the
necessary costs of preparing, printing, selling and issuing the Series B Bonds,
the funding of reserves, and the payment of interest with respect to such financ-
ing, in such amounts or for such period as the Board deems reasonable, or to
finance other costs permitted by the Act, and (b) to make Loan payments which
will be sufficient to pay the principal of, and interest and redemption premium (if
any) on, the Series B Bonds and all expenses incurred by the City in connection
with the issuance and sale of the Series B Bonds and the making and administra-
tion of the Loan, as the same become due and payable.

The City has determined to accept the Letter of Intent, (1) to issue and sell the
Series A Bonds in an aggregate principal amount not exceeding $200,000 and to
acquire the Series A F^acility with the Series A Bonds and to sell the Series A
Facility to the Borrower on the terms and conditions to be set forth in the Sale

ORDINANCES 359

Agreement in order to help finance the acquisition of the Series A Facihty by the
Borrower and thereby facilitate the leasing of the Series A F^acility to the Series
A Facility User, and (2) to issue and sell the Series B Bonds in an aggregate prin-
cipal amount not exceeding $1,800,000 and to lend the proceeds of the Series B
Bonds to the Borrower on the terms and conditions to be set forth in the Loan
Agreement in order to help finance the acquisition of the Series B Facility by the
Borrower and thereby facilitate the leasing of the Series B Facility to the Series
B Facility User. It has further determined that such action should be taken in
order (i) to relieve conditions of unemployment in the City and in the State, (ii) to
encourage the increase of industry and commerce and a balanced economy in the
State, (iii) to promote economic development, and (iv) generally, to promote the
health, welfare and safety of the residents of the City and the State.

As security for the Series A Bonds, the City will, for each series of Series A
Bonds, enter into a Purchase, Assignment and Security Agreement or other
similar agreement (the "Series A Assignment") with the original purchaser of the
Series A Bonds (the "Series A Original Purchaser"), and, if appropriate, a trustee
or trustees (which may be the Original Purchaser). Pursuant to the Series A
Assignment, the City will assign to the Series A Original Purchaser or other ap-
plicable party, its successors and assigns, (among other things) (a) all of the City's
right, title and interest in and to and remedies under the Sale Agreement, in-
cluding (without limitation) all security referred to therein, excepting only the
rights of the City to indemnification by the Borrower, certain rights to consent to
certain actions or events and to payments to the City for expenses incurred by
the City itself, (b) the receipts and revenues of the City from the Sale, (c) all
right, title and interest in and to and remedies with respect to any and all other
property of every description and nature from time to time by delivery or by
writing of any kind conveyed, pledged, assigned or transferred, as and for addi-
tional security for the Series A Bonds, (d) certain moneys which are at any time
or from time to time on deposit with the City, and (e) all of the City's right, title
and interest in and to and remedies under such other documents, including
(without limitation) mortgages, deeds of trust, guaranties and security in-
struments, as the Board shall deem necessary to effectuate the issuance, sale and
delivery of the Series A Bonds and which the Board shall approve by a resolution
or resolutions (the "Resolution") to be adopted by the Board prior to the issuance,
sale and delivery of any of the Series A Bonds.

As security for the Series B Bonds, the City will, for each series of the Series B
Bonds, enter into either (a) a Trust Agreement (the "Trust Agreement") with a
"corporate trustee (the "Trustee") to be appointed by the Board or (b) an Assign-
ment and Security Agreement or other similar agreement (the "Series B Assign-
ment") with the original purchaser of the Series B Bonds (the "Series B Original
Purchaser"), and, if appropriate, a trustee or trustees (which may be the Series B
Original Purchaser) (collectively, the "Project Fund Trustee"). Pursuant to the
Trust Agreement or the Series B Assignment, the City will assign to the Trustee
or, if the Series B Assigimient is entered into, the Series B Original Purchaser or
other applicable party, its successors and assigns, (among other things) (a) all of
the City's right, title and interest in and to and remedies under the Loan Agree-
ment, including (without limitation) all security referred to therein, excepting
only the rights of the City to indemnification by the Borrower, certain rights to

360 ORDINANCES Ord. No. 122

consent to certain actions or events and to payments to the City for expenses in-
curred by the City itself, (b) the receipts and revenues of the City from the Loan,
(c) certain moneys which are at any time or from time to time on deposit with the
Trustee or tlie Project Fund Trustee, (d) all right, title and interest in and to and
remedies with respect to any and all other property of every description and
nature from time to time by delivery or by writing of any kind conveyed,
pledged, assigned or transferred, as and for additional security for the Series B
Bonds, and (e) all of the City's right, title and interest in and to and remedies
under such other documents, including (without limitation) mortgages, deeds of
trust, guaranties and security instruments, as the Board shall deem necessary to
effectuate the issuance, sale and delivery of the Series B Bonds and which the
Board shall approve by a resolution or resolutions (the "Series B Resolution") to
be adopted by the Board prior to the issuance, sale and delivery of any of the
Series B Bonds.

The Trust Agreement or the Series B Assignment and the Loan Agreement
may be combined into one agreement (a "Series B Financing Agreement"). All
references to Trust Agreement, Series B Assignment and/or Loan Agreement
herein shall also mean and refer to a Series B Financing Agreement.

NOW THEREFORE, IN ACCORDANCE WITH THE ACT:

Section \. Be it ordained by Mayor and City Council of Baltimore. That acting
pursuant to the Act, it is hereby found and determined as follows:

(a) The issuance of the Series A Bonds by the City pursuant to the Act in order
to acquire the Series A Facility and sell the Series A Facility to the Borrower and
to pay the costs of preparing, printing and selling the Series A Bonds, to fund
reserves, to pay interest on the Series A Bonds and to pay other costs permitted
by the Act, will facilitate and expedite the acquisition of the Series A Facility by
the Borrower and its leasing to the Series A Facility User.

(b) The accomplishment of the transactions contemplated and authorized by
this Ordinance, including (without limitation) the acquisition of the Series A
Facility by the City, the sale of the Series A Facility to the Borrower and the
leasing of the Series A Facility by the Borrower to the Series A Facility User and
the financing thereof, will (i) sustain jobs and employment opportunities and aid
in maintaining employment, thus relieving conditions of unemployment in the
State and in the City; (ii) encourage the increase of industry and commerce and a
balanced economy in the State and in the City; (iii) promote economic develop-
ment; and (iv) generally promote the health, welfare and safety of the residents
of the State and of the City.

(c) The Series A Facility constitutes a "facility" within the meaning of the Act,
and the Borrower is a "facility applicant" and "facility user" (as those terms are
defined in the Act) as evidenced by the Letter of Intent, which is a letter of intent
within the meaning of the Act.

(d) It is in the best interests of the citizens of the City to finance the acquisition
of the Series A Facility by an acquisition of the Series A Facility by the City and
the sale of the Series A Facility to the Borrower and the leasing of the Series A

ORDINANCES 361

Facility by the Borrower to the Series A Facility User. This Ordinance con-
templates and authorizes a transaction in the form of an acquisition of the Series
A Facihty by the City and the sale of the Series A Facility to the Borrower. Ac-
cordingly, this Ordinance, together with the Sale Agreement and other con-
tracts, instruments and agreements authorized hereby, will contain such provi-
sions as the City deems appropriate to effect the financing of the Series A Facili-
ty by the sale form of transaction.

(e) Neither the Series A Bonds nor the interest thereon shall ever constitute a
pledge of, or involve the faith and credit or the taxing power of, the City, and
neither shall constitute a debt of the City within the meaning of Section 7 of Arti-
cle XI of the Constitution of Maryland or any other constitutional, statutory or
charter provision limiting or restricting the sale or issuance of bonds, notes or
other obligations of the City, and neither shall ever constitute or give rise to any
pecuniary liability of the City. The Series A Bonds and the interest thereon shall
be limited obligations of the City, repayable by the City solely from the revenue
derived from purchase payments (both principal and interest) made to the City
by the Borrower on account of the Sale pursuant to the Sale Agreement, and
from any other moneys made available to the City for such purposes. Payments
of the principal of and premium (if any) and interest on the purchase payments
pursuant to the Sale Agreement will be paid by the Borrower directly to the
Series A Original Purchaser, its successors and assigns, as provided in the Series
A Assignment, to be approved by the Board in the Series A Resolution. No such
moneys will be commingled with the City's funds or will be subject to the absolute
control of the City, but will be subject only to such limited supervision and checks
as are deemed necessary or desirable by the City to insure that the proceeds of
the Series A Bonds are used to accomplish the public purposes of the Act and this
Ordinance. The sale form of the transaction authorized hereunder shall in no
event constitute a capital project within the meaning of any charter or statutory
provision. The public purposes expressed in the Act are to be achieved by
facilitating the acquisition of the Series A Facility by the Borrower and its leas-
ing to the Series A Facility User by the sale form of transaction.

(t^ The City will acquire an interest in the Series A Facility which it will
promptly convey, pursuant to the Sale Agreement, to the Borrower. The security
for the revenue bonds shall be solely and exclusively (a) the absolute, irrevocable
and unconditional obligations of the Borrower to make the payments required by
the Sale Agreement, (b) moneys realized from the liquidation of any lien and
security interest created by the Sale Agreement and of any other lien or security
interest created with respect to any property as security for the sale of the
revenue bonds as the Board may provide for and approve in the Series A Resolu-
tion, and (c) moneys realized from any guaranty of the revenue bonds or of the
Sale as the Board may provide for and approve in the Series A Resolution.

Ste". 2. And be it further ordained, That the City is hereby authorized and em-
powered to issue, sell and deliver, at any time or from time to time and in one or
more series, and as limited obligations of the City and not upon its full faith and
credit, its Baltimore City, Maryland Industrial Development Revenue Bonds
(Baltimore Car & Truck Rental Project) Series A, in the aggregate principal

362 ORDINANCES Ord. No. 122

amount not to exceed $200,000 (the "Series A Bonds"), subject to the provisions
of this Ordinance. The proceeds of the Series A Bonds will be used by the City to
acquire the Series A Facility which will be sold to the Borrower pursuant to the
terms and provisions of the Sale Agreement, for the sole and exclusive purpose
of financing the costs of the acquisition and installation of the Series A Facility
and the funding of reserves and payment of interest on the Series A Bonds, to
the extent permitted in the Series A Resolution. The Series A Bonds and the in-
terest thereon shall be limited obligations of the City, repayable by the City sole-
ly from the revenue derived from purchase payments (both principal and in-
terest) made to the City by the Borrower pursuant to the Sale Agreement and
from any other moneys made available to the City for such purpose. The security
for the Series A Bonds shall be solely and exclusively as provided in Section 1 of
this Ordinance.

Sec. 3. And be it further ordained, That each of the Series A Bonds shall bear
the descriptive title "Baltimore City, Maryland Industrial Development Revenue
Bond (Baltimore Car & Truck Rental Project) Series A", provided that the
descriptive title may contain such other descriptive information as the Board
may prescribe in the Series A Resolution (e.g. "1984 Series A"). The Series A
Bonds shall bear interest at the rate or rates of interest to be determined by
negotiation with the original purchaser or purchasers of the Series A Bonds and
to be approved and prescribed by the Board in the Series A Resolution.

Sec. 4. And be it further ordained, That the definitive Series A Bonds, which
may be engraved, printed or typewritten, shall be in such form, not inconsistent
with the Act and the provisions of this Ordinance, as the Board may approve in
the Series A Resolution.

Sec. 5. And be it further ordained, That the Series A Bonds shall be executed
in the name of the City and on its behalf by the Mayor of the City, by his manual
or facsimile signature, and by the Director of Finance of the City, by his manual
or facsimile signature, and the corporate seal of the City or a facsimile thereof
shall be impressed or otherwise reproduced thereon and attested by a Custodian
of the City Seal, by his manual or facsimile signature, as permitted by law. The
Sale Agreement, the Series A Assignment and, where applicable, all other
documents as the Board shall deem necessary to effectuate the issuance, sale and
delivery of the Series A Bonds, shall be executed in the name of the City and on
its behalf by the Mayor of the City by his manual or facsimile signature, and, if
applicable, the corporate seal of the City or a facsimile thereof shall be impressed
or otherwise reproduced thereon and attested by a Custodian of the City Seal by
his manual or facsimile signature, as required by law. In case any officer whose
signature or a facsimile of whose signature shall appear on the Series A Bonds or
any of the aforesaid documents shall (ease to be such officer before the delivery
of the Series A Bonds or any of the other aforesaid documents, such signature or
such facsimile shall nevertheless be valid and sufficient for all purposes, the same
as if such officer had remained in office until delivery. The Mayor of the City, the
Director of Finance of the City, a Custodian of the City Seal and other officials of
the City are hereby authorized and empowered to do all such acts and things and

ORDINANCES 363

execute such documents and certificates as the Board may determine in the
Series A Resolution to be necessary to carry out and comply with the provisions
hereof.

Stc. 6. And be it further ordained. That the Series A Bonds shall be executed,
issued and delivered at any time or from time to time and in one or more series
and in such amount or amounts not exceeding, in the aggregate, the principal
amount of $200,000 as the Board shall prescribe in the Series A Resolution.

Sec. 7. And be it further ordained, That the Series A Bonds shall be dated,
shall be in such denominations, shall be of such form and tenor, and shall be
payable in such amounts, at such times and at such place or places as the Board
shall prescribe in the Series A Resolution.

Sec. 8. A nd be it further ordained. That prior to the issuance, sale and delivery
of the Series A Bonds, the Board shall adopt a Series A Resolution pursuant to
which the Board is hereby authorized to approve the issuance of the Series A
Bonds and to specify, determine, provide for or approve, all or any of the follow-
ing matters, details, forms, documents or procedures in connection with the Sale
and the Series A Bonds:

(a) The terms and provisions of the Series A Bonds, including, without limita-
tion, the principal amount of the Series A Bonds, the maturity or maturities of
the Series A Bonds, the rate or rates of interest the Series A Bonds are to bear
and the redemption provisions of the Series A Bonds;

(b) The form and tenor of the Series A Bonds, including the determination as to
whether the Series A Bonds shall be issued in one or more series, the form in
which the Series A Bonds are issued, and the designation of each series of Series
A Bonds;

(c) The terms and provisions and form of the Sale Agreement between the City
and the Borrower and the terms and provisions and form of any notes or other
evidences of obligation issued by the Borr